11648 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 

manner prohibited by this 

Authorization, such as an injury (Level 

A harassment), serious injury or 

mortality, Shell shall immediately cease 

operations and immediately report the 

incident to the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, by phone 

or email and the Alaska Regional 

Stranding Coordinators. The report must 

include the following information: (i) 

Time, date, and location (latitude/

longitude) of the incident; (ii) the name 

and type of vessel involved; (iii) the 

vessel’s speed during and leading up to 

the incident; (iv) description of the 

incident; (v) status of all sound source 

use in the 24 hours preceding the 

incident; (vi) water depth; (vii) 

environmental conditions (e.g., wind 

speed and direction, Beaufort sea state, 

cloud cover, and visibility); (viii) 

description of marine mammal 

observations in the 24 hours preceding 

the incident; (ix) species identification 

or description of the animal(s) involved; 

(x) the fate of the animal(s); (xi) and 

photographs or video footage of the 

animal (if equipment is available). 

Activities shall not resume until 

NMFS is able to review the 

circumstances of the prohibited take. 

NMFS shall work with Shell to 

determine what is necessary to 

minimize the likelihood of further 

prohibited take and ensure MMPA 

compliance. Shell may not resume their 

activities until notified by NMFS via 

letter, email, or telephone. 

(b) In the event that Shell 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), 

Shell will immediately report the 

incident to the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, by phone 

or email and the NMFS Alaska 

Stranding Hotline and/or by email to the 

Alaska Regional Stranding Coordinators. 

The report must include the same 

information identified in Condition 

12(a) above. Activities may continue 

while NMFS reviews the circumstances 

of the incident. NMFS will work with 

Shell to determine whether 

modifications in the activities are 

appropriate. 

(c) In the event that Shell 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 Condition 

2 of this Authorization (e.g., previously 

wounded animal, carcass with moderate 

to advanced decomposition, or 

scavenger damage), Shell shall report 

the incident to the Chief of the Permits 

and Conservation Division, Office of 

Protected Resources, NMFS, by phone 

or email and the NMFS Alaska 

Stranding Hotline and/or by email to the 

Alaska Regional Stranding Coordinators, 

within 24 hours of the discovery. Shell 

shall 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. 

(12) The Plan of Cooperation 

outlining the steps that will be taken to 

cooperate and communicate with the 

native communities to ensure the 

availability of marine mammals for 

subsistence uses must be implemented. 

(13) Shell is required to comply with 

the Terms and Conditions of the 

Incidental Take Statement (ITS) 

corresponding to NMFS’s Biological 

Opinion issued to NMFS’s Office of 

Protected Resources. 

(14) A copy of this Authorization and 

the ITS must be in the possession of all 

contractors and PSOs operating under 

the authority of this Incidental 

Harassment Authorization. 

(15) Penalties and Permit Sanctions: 

Any person who violates any provision 

of this Incidental Harassment 

Authorization is subject to civil and 

criminal penalties, permit sanctions, 

and forfeiture as authorized under the 

MMPA. 

(16) This Authorization may be 

modified, suspended or withdrawn if 

the Holder fails to abide by the 

conditions prescribed herein or if the 

authorized taking is having more than a 

negligible impact on the species or stock 

of affected marine mammals, or if there 

is an unmitigable adverse impact on the 

availability of such species or stocks for 

subsistence uses. 

Request for Public Comment 

As noted above, NMFS requests 

comment on our analysis, the draft 

authorization, and any other aspect of 

the Notice of Proposed IHA for Shell’s 

2015/2016 Chukchi and Beaufort Seas 

ice overflight surveys. Please include, 

with your comments, any supporting 

data or literature citations to help 

inform our final decision on Shell’s 

request for an MMPA authorization. 

Dated: February 25, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–04426 Filed 3–3–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD741 

Taking of Marine Mammals Incidental 

to Specified Activities; Anacortes TieUp Slips Dolphin and Wingwall 

Replacement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments and information. 

SUMMARY: NMFS has received a request 

from the Washington State Department 

of Transportation (WSDOT) for an 

authorization to take small numbers of 

11 species of marine mammals, by Level 

B harassment, incidental to proposed 

construction activities for a tie-up slips 

dolphin and wingwall replacement 

project in Anacortes, Washington State. 

Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an authorization to WDOT to 

incidentally take, by harassment, small 

numbers of marine mammals for a 

period of 1 year. 

DATES: Comments and information must 

be received no later than April 3, 2015. 

ADDRESSES: Comments on the 

application should be addressed to Jolie 

Harrison, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910. The 

mailbox address for providing email 

comments is itp.guan@noaa.gov. NMFS 

is not responsible for email comments 

sent to addresses other than the one 

provided here. Comments sent via 

email, including all attachments, must 

not exceed a 25-megabyte file size. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://

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

incidental.htm without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

A copy of the application may be 

obtained by writing to the address 

specified above or visiting the internet 

at: http://www.nmfs.noaa.gov/pr/

permits/incidental.htm. Documents 

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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 11649 

cited in this notice may also be viewed, 

by appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, 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 

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.’’ 

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

established an expedited process by 

which citizens of the U.S. can apply for 

a one-year authorization to incidentally 

take small numbers of marine mammals 

by harassment, provided that there is no 

potential for serious injury or mortality 

to result from the activity. Section 

101(a)(5)(D) establishes 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. 

Summary of Request 

On April 1, 2014, WSDOT submitted 

a request to NOAA requesting an IHA 

for the possible harassment of small 

numbers of 11 marine mammal species 

incidental to construction associated 

with the Anacortes Tie-up Slips 

Dolphin and Wingwall Replacement in 

the city of Anacortes, on Fidalgo Island, 

adjacent to Guemes Channel, Skagit 

County, Washington, between 

September 1, 2015, and February 15, 

2016. NMFS determined that the IHA 

application was complete on July 1, 

2014. NMFS is proposing to authorize 

the Level B harassment of the following 

marine mammal species/stocks: Harbor 

seal, California sea lion, Steller sea lion 

(eastern Distinct Population Segment, or 

DPS), northern elephant seal, killer 

whale (transient and Southern Resident 

stocks), gray whale, humpback whale, 

minke whale, harbor porpoise, Dall’s 

porpoise, and Pacific white-sided 

dolphin. 

Description of the Specified Activity 

Overview 

The purpose of this project is to 

replace the aging timber wingwalls and 

dolphins in Tie-up Slips 3 and 4 

(Figures 1–3, 1–4 and 1–5 in WSDOT’s 

IHA application) with standard steel 

and concrete designs. The aging timber 

facilities are beginning to deteriorate 

from combined docking operations, salt 

water infusion and wood rot organisms. 

Replacement of these facilities will 

allow the ferries to safely moor at the 

terminal and provide the necessary 

protection of the terminal from the 

docking of ferries. The timber piles that 

will be permanently removed are listed 

Table 1. 

WSDOT plans to re-use eight existing 

36-inch steel piles (remove and relocate) 

and install 52 new permanent steel piles 

(24-, 30-, and 36-inch) with a vibratory 

hammer. In addition, WSDOT may 

install one temporary dolphin 

consisting of one 24-inch steel pile and/ 

or the contractor may elect to 

temporarily install four 24-inch steel 

piles at the location of each dolphin and 

wingwall to be used as a pile driving 

template for the permanent piles (Table 

2). These four temporary piles will be 

removed once the corresponding 

landing aid is completed, then installed 

at the location of the next structure, and 

completely removed at the end of the 

project. Between one and five temporary 

piles will be installed at any given time 

during the project. 

A vibratory hammer will be used for 

pile removal and driving. No impact 

pile driving or proofing is necessary. 

Existing timber piles may also be 

removed by direct pull. Pile driving and 

removal will be conducted from a barge 

containing a derrick, crane, and other 

necessary equipment. The barge will be 

anchored and/or spudded. No barge 

dynamic positioning system (DPS) will 

be used on this project. 

TABLE 1—TIMBER PILES TO BE

REMOVED

Structure 

Number 

of piles 

removed 

Slip 3 Wingwalls ........................... 46 

Slip 3 Left Dolphin ........................ 35 

Slip 3 Right Inner .......................... 35 

Slip 3 Right Outer ......................... 51 

Slip 4 Wing Dolphins .................... 70 

Slip 4 Right Outer ......................... 35 

Total ....................................... 272 

TABLE 2—PROJECT PILES TO BE INSTALLED

Structure name Location Depth 

(ft) 

Existing 

steel 

piles 

Temporary 

steel 

piles* 

New 

permanent 

steel piles Total 

36′′ 24′′ 36′′ 30′′ 24′′ 

Dolphin 1 ................................ Slip 3 left intermediate .................... ¥28 .............. 4 1 4 ............ 9 

Dolphin 2 ................................ Slip 3 right inner (double sided) ..... ¥28 .............. 4 2 4 ............ 10 

Dolphin 3 ................................ Slip 3 right outer (double sided) ..... ¥30 .............. 4 10 6 ............ 20 

Dolphin 4 ................................ Slip 4 right outer ............................. ¥27 .............. 4 3 6 ............ 13 

Wingwall 1 .............................. Slip 3 ............................................... ¥28 8 .................... ............ ............ 4 12 

Wingwall 2 .............................. Slip 4 ............................................... ¥25 .............. .................... 4 ............ 8 16 

Temporary Dolphin ................. Protective Dolphin ........................... ¥34 .............. 1 ............ ............ ............ 1 

Total ................................ ......................................................... .............. 8 5 1 20 20 12 81 

1 No more than five temporary piles will be in place at any one time. 

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11650 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 

Dates and Duration 

In-water construction is planned to 

take place between September 2015 and 

February 2016. The on-site work will 

last approximately 135 days with pile 

removal and driving taking place over 

approximately 36 days. All work will 

occur in water depths between ¥25 and 

¥34 feet mean low low water (MLLW). 

Duration estimates of each of the pile 

driving elements follow: 

• The daily construction window for 

pile removal or driving will begin no 

sooner than 30 minutes after sunrise to 

allow for initial marine mammal 

monitoring, and will end 30 minutes 

before sunset to allow for postconstruction marine mammal 

monitoring. 

• Vibratory pile removal of the 

existing timber piles will take 

approximately 10 to 15 minutes per 

pile. Vibratory removal will take less 

time than driving, because piles are 

vibrated to loosen them from the soil, 

and then pulled out with the vibratory 

hammer turned off. Assuming the worst 

case of 15 minutes per pile (with no 

direct pull or clamshell removal), 

removal of 272 piles at the Anacortes 

terminal will take 68 hours over nine 

days of pile removal. 

• Vibratory pile driving of the steel 

piles will take approximately 20 

minutes per pile, with three to five piles 

installed per day. Assuming 20 minutes 

per pile, and three piles per day, driving 

of 81 piles at the Anacortes terminal 

will take 27 hours over 27 days. 

The total worst-case time for pile 

removal is nine days, and 27 days for 

pile installation. The actual number of 

pile-removal/driving days is expected to 

be less. 

Specified Geographic Region 

The proposed activities will occur at 

the Anacortes ferry terminal located in 

Anacortes, Washington (see Figures 1–1 

and 1–2 of WSDOT’s IHA application). 

The terminal is adjacent to Guemes 

Channel, tributary to the Georgia Basin. 

The Anacortes ferry terminal, serving 

State Route 20, is located in the city of 

Anacortes, on Fidalgo Island, adjacent 

to Guemes Channel, Skagit County, 

Washington. Guemes Channel is 

tributary to the Georgia Basin. The 

terminal is located in Section 22, 

Township 35 North, Range 1 East. This 

is the primary terminal for all WSDOT 

ferry departures to the San Juan Islands 

and Vancouver Island. Land use in the 

area is a mix of residential, business, 

and local parks. 

Detailed Description of Anacortes Tieup Slips Dolphin and Wingwall 

Replacement 

The following construction activities 

are anticipated: 

• Remove three 35-pile dolphins, one 

51-pile dolphin, 70 piles associated 

with wing-dolphins, and 46 piles 

associated with wingwalls. These piles 

will be removed with a vibratory 

hammer or by direct pull and clamshell 

removal. 

• If necessary, vibratory pile-drive 

one to five 24-inch steel piles for use as 

a temporary template at each structure 

location. 

• Vibratory pile-drive up to six 30- 

inch steel piles and up to ten 36-inch 

steel piles for each new dolphin. 

• Place precast concrete diaphragm 

on new dolphins. 

• Attach fender panel to new fender 

pile. 

• Remove temporary piles. 

• At Slip 3 wingwalls, vibratory piledrive up to four 24-inch steel piles (two 

per wingwall). 

• At Slip 4 wingwalls, vibratory piledrive and up to four 24-inch steel piles 

(two per wingwall), and eight 36-inch 

steel piles (four per wingwall). 

• Attach rubber fenders between 

plumb piles. 

Approximately 441 tons of creosotetreated timbers will be removed from 

the marine environment. The total 

mudline footprint of the existing 

dolphins is 258 square feet (ft2). The 

total mudline footprint of the new 

dolphins will be 263 ft2, an increase of 

five square feet. However, the footprint 

of the new steel dolphins will be more 

open, allowing fish movement between 

the piles. The new dolphins and 

wingwalls will have 52 piles, compared 

to the existing structures, which have 

272 tightly clustered piles with no space 

between them. Detailed descriptions of 

these activities are provided below. 

(1) Vibratory Hammer Pile Removal 

Vibratory hammer extraction is a 

common method for removing timber 

piling. A vibratory hammer is a large 

mechanical device mostly constructed 

of steel (weighing 5 to 16 tons) that is 

suspended from a crane by a cable. It is 

attached to a derrick and positioned on 

the top of a pile. The pile is then 

unseated from the sediments by 

engaging the hammer, creating a 

vibration that loosens the sediments 

binding the pile, and then slowly lifting 

up on the hammer with the aid of the 

crane. 

Once unseated, the crane will 

continue to raise the hammer and pull 

the pile from the sediment. When the 

pile is released from the sediment, the 

vibratory hammer is disengaged and the 

pile is pulled from the water and placed 

on a barge for transfer upland. Vibratory 

removal will take approximately 10 to 

15 minutes per pile, depending on 

sediment conditions. 

The piling will be loaded onto the 

barge or into a container and disposed 

of offsite in accordance with State of 

Washington Administrative Code 

(WAC) 173–304 Minimum Functional 

Standards for Solid Waste Handling and 

mitigation. 

(2) Direct Pull and Clamshell Pile 

Removal 

Older timber pilings are particularly 

prone to breaking at the mudline 

because of damage from marine borers 

and vessel impacts, and must be 

removed because they can interfere with 

the installation of new pilings. In some 

cases, removal with a vibratory hammer 

is not possible if the pile is too fragile 

to withstand the hammer force. 

Broken or damaged piles may be 

removed by wrapping the piles with a 

cable and pulling them directly from the 

sediment with a crane. If the piles break 

below the waterline, the pile stubs may 

be removed with a clamshell bucket, a 

hinged steel apparatus that operates like 

a set of steel jaws. The bucket will be 

lowered from a crane and the jaws will 

grasp the pile stub as the crane pulls up. 

The broken piling and stubs will be 

loaded onto the barge for off-site 

disposal. Clamshell removal will be 

used only if necessary. Direct pull and 

clamshell removal do not produce noise 

that could impact marine mammals. 

(3) Vibratory Hammer Pile Installation 

Vibratory hammers are commonly 

used in steel pile installation where 

sediments allow and may involve the 

same vibratory hammer used in pile 

extraction. The pile is placed into 

position using a choker and crane, and 

then vibrated between 1,200 and 2,400 

vibrations per minute. The vibrations 

liquefy the sediment surrounding the 

pile allowing it to penetrate to the 

required seating depth. The type of 

vibratory hammer that will be used for 

the project will likely be an APE 400 

King Kong (or equivalent) with a drive 

force of 361 tons. 

Description of Marine Mammals in the 

Area of the Specified Activity 

The marine mammal species under 

NMFS jurisdiction most likely to occur 

in the proposed construction area 

include Pacific harbor seal (Phoca 

vitulina richardsi), northern elephant 

seal (Mirounga angustirostris), 

California sea lion (Zalophus 

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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 11651 

californianus), Steller sea lion 

(Eumetopias jubatus), killer whale 

(Orcinus orca) (transient and Southern 

Resident stocks), gray whale 

(Eschrichtius robustus), humpback 

whale (Megaptera novaeangliae), minke 

whale (Balaenoptera acutorostrata), 

harbor porpoise (Phocoena phocoena), 

Dall’s porpoise (P. dali), and Pacific 

white-sided dolphin (Lagenorhynchus 

obliquidens). 

TABLE—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY

Species ESA Status MMPA Status Occurrence 

Harbor Seal ............................................................ Not listed ............................................................... Non-depleted ................. Frequent. 

California Sea Lion ................................................ Not listed ............................................................... Non-depleted ................. Frequent. 

Northern Elephant Seal ......................................... Not listed ............................................................... Non-depleted ................. Occasional. 

Steller Sea Lion (eastern DPS) ............................. Not listed ............................................................... Under review ................. Rare. 

Harbor Porpoise ..................................................... Not listed ............................................................... Non-depleted ................. Frequent. 

Dall’s Porpoise ....................................................... Not listed ............................................................... Non-depleted ................. Occasional. 

Pacific White-sided dolphin .................................... Not listed ............................................................... Non-depleted ................. Occasional. 

Killer Whale ............................................................ Endangered (Southern Resident) ......................... Depleted ........................ Occasional. 

Gray Whale ............................................................ Delisted ................................................................. Unclassified ................... Occasional. 

Humpback Whale ................................................... Endangered ........................................................... Depleted ........................ Rare. 

Minke Whale .......................................................... Not listed ............................................................... Non-depleted ................. Rare. 

General information on the marine 

mammal species found in Washington 

coastal waters can be found in Caretta 

et al. (2014), which is available at the 

following URL: http://

www.nmfs.noaa.gov/pr/sars/pdf/

po2013.pdf. Refer to that document for 

information on these species. A list of 

marine mammals in the vicinity of the 

action and their status are provided in 

Table 3. Specific information 

concerning these species in the vicinity 

of the proposed action area is provided 

in detail in the WSDOT’s IHA 

application. 

Potential Effects of the Specified 

Activity on Marine Mammals 

This section includes a summary and 

discussion of the ways that the types of 

stressors associated with the specified 

activity (e.g., pile removal and pile 

driving) have been observed to impact 

marine mammals. This discussion may 

also include reactions that we consider 

to rise to the level of a take and those 

that we do not consider to rise to the 

level of a take (for example, with 

acoustics, we may include a discussion 

of studies that showed animals not 

reacting at all to sound or exhibiting 

barely measurable avoidance). This 

section is intended as a background of 

potential effects and does not consider 

either the specific manner in which this 

activity will be carried out or the 

mitigation that will be implemented, 

and how either of those will shape the 

anticipated impacts from this specific 

activity. The ‘‘Estimated Take by 

Incidental Harassment’’ section later in 

this document will include a 

quantitative analysis of the number of 

individuals that are expected to be taken 

by this activity. The ‘‘Negligible Impact 

Analysis’’ section will include the 

analysis of how this specific activity 

will impact marine mammals and will 

consider the content of this section, the 

‘‘Estimated Take by Incidental 

Harassment’’ section, the ‘‘Proposed 

Mitigation’’ section, and the 

‘‘Anticipated Effects on Marine Mammal 

Habitat’’ section to draw conclusions 

regarding the likely impacts of this 

activity on the reproductive success or 

survivorship of individuals and from 

that on the affected marine mammal 

populations or stocks. 

When considering the influence of 

various kinds of sound on the marine 

environment, it is necessary to 

understand that different kinds of 

marine life are sensitive to different 

frequencies of sound. Based on available 

behavioral data, audiograms have been 

derived using auditory evoked 

potentials, anatomical modeling, and 

other data, Southall et al. (2007) 

designate ‘‘functional hearing groups’’ 

for marine mammals and estimate the 

lower and upper frequencies of 

functional hearing of the groups. The 

functional groups and the associated 

frequencies are indicated below (though 

animals are less sensitive to sounds at 

the outer edge of their functional range 

and most sensitive to sounds of 

frequencies within a smaller range 

somewhere in the middle of their 

functional hearing range): 

• Low frequency cetaceans (13 

species of mysticetes): Functional 

hearing is estimated to occur between 

approximately 7 Hz and 22 kHz 

(however, a study by Au et al., (2006) 

of humpback whale songs indicate that 

the range may extend to at least 24 kHz); 

• Mid-frequency cetaceans (32 

species of dolphins, six species of larger 

toothed whales, and 19 species of 

beaked and bottlenose whales): 

Functional hearing is estimated to occur 

between approximately 150 Hz and 160 

kHz; 

• High frequency cetaceans (eight 

species of true porpoises, six species of 

river dolphins, Kogia, the franciscana, 

and four species of cephalorhynchids): 

Functional hearing is estimated to occur 

between approximately 200 Hz and 180 

kHz; and 

• Pinnipeds in Water: Functional 

hearing is estimated to occur between 

approximately 75 Hz and 75 kHz, with 

the greatest sensitivity between 

approximately 700 Hz and 20 kHz. 

As mentioned previously in this 

document, 11 marine mammal species 

(7 cetacean and 4 pinniped species) are 

likely to occur in the proposed seismic 

survey area. Of the 7 cetacean species 

likely to occur in the proposed project 

area, 3 are classified as low-frequency 

cetaceans (i.e., humpback, gray, and 

minke whales), 2 are classified as midfrequency cetaceans (i.e., killer whale 

and Pacific white-sided dolphin), and 2 

are classified as high-frequency 

cetaceans (i.e., harbor and Dall’s 

porpoises) (Southall et al., 2007). A 

species’ functional hearing group is a 

consideration when we analyze the 

effects of exposure to sound on marine 

mammals. 

Marine mammals exposed to highintensity sound repeatedly or for 

prolonged periods can experience 

hearing threshold shift (TS), which is 

the loss of hearing sensitivity at certain 

frequency ranges (Kastak et al. 1999; 

Schlundt et al. 2000; Finneran et al. 

2002; 2005). TS can be permanent 

(PTS), in which case the loss of hearing 

sensitivity is unrecoverable, or 

temporary (TTS), in which case the 

animal’s hearing threshold will recover 

over time (Southall et al. 2007). Since 

marine mammals depend on acoustic 

cues for vital biological functions, such 

as orientation, communication, finding 

prey, and avoiding predators, hearing 

impairment could result in the reduced 

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11652 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 

ability of marine mammals to detect or 

interpret important sounds. Repeated 

noise exposure that causes TTS could 

lead to PTS. 

Experiments on a bottlenose dolphin 

(Tursiops truncates) and beluga whale 

(Delphinapterus leucas) showed that 

exposure to a single watergun impulse 

at a received level of 207 kPa (or 30 psi) 

peak-to-peak (p-p), which is equivalent 

to 228 dB (p-p) re 1 mPa, resulted in a 

7 and 6 dB TTS in the beluga whale at 

0.4 and 30 kHz, respectively. 

Thresholds returned to within 2 dB of 

the pre-exposure level within 4 minutes 

of the exposure (Finneran et al. 2002). 

No TTS was observed in the bottlenose 

dolphin. Although the source level of 

one hammer strike for pile driving is 

expected to be much lower than the 

single watergun impulse cited here, 

animals being exposed for a prolonged 

period to repeated hammer strikes could 

receive more noise exposure in terms of 

sound exposure level (SEL) than from 

the single watergun impulse (estimated 

at 188 dB re 1 mPa2¥s) in the 

aforementioned experiment (Finneran et 

al. 2002). 

Chronic exposure to excessive, though 

not high-intensity, noise could cause 

masking at particular frequencies for 

marine mammals that utilize sound for 

vital biological functions (Clark et al. 

2009). Masking is the obscuring of 

sounds of interest by other sounds, often 

at similar frequencies. Masking 

generally occurs when sounds in the 

environment are louder than, and of a 

similar frequency as, auditory signals an 

animal is trying to receive. Masking can 

interfere with detection of acoustic 

signals, such as communication calls, 

echolocation sounds, and 

environmental sounds important to 

marine mammals. Therefore, under 

certain circumstances, marine mammals 

whose acoustical sensors or 

environment are being severely masked 

could also be impaired. 

Masking occurs at the frequency band 

which the animals utilize. Since noise 

generated from in-water vibratory pile 

removal and driving is mostly 

concentrated at low frequency ranges, it 

may have little effect on high-frequency 

echolocation sounds by odontocetes 

(toothed whales), which may hunt 

California sea lion and harbor seal. 

However, the lower frequency manmade noises are more likely to affect the 

detection of communication calls and 

other potentially important natural 

sounds, such as surf and prey noise. The 

noises may also affect communication 

signals when those signals occur near 

the noise band, and thus reduce the 

communication space of animals (e.g., 

Clark et al. 2009) and cause increased 

stress levels (e.g., Foote et al. 2004; Holt 

et al. 2009). 

Unlike TS, masking can potentially 

impact the species at community, 

population, or even ecosystem levels, as 

well as individual levels. Masking 

affects both senders and receivers of the 

signals and could have long-term 

chronic effects on marine mammal 

species and populations. Recent science 

suggests that low frequency ambient 

sound levels in the world’s oceans have 

increased by as much as 20 dB (more 

than 3 times, in terms of SPL) from preindustrial periods, and most of these 

increases are from distant shipping 

(Hildebrand 2009). All anthropogenic 

noise sources, such as those from vessel 

traffic and pile removal and driving, 

contribute to the elevated ambient noise 

levels, thus intensifying masking. 

Finally, in addition to TS and 

masking, exposure of marine mammals 

to certain sounds could lead to 

behavioral disturbance (Richardson et 

al. 1995), such as: Changing durations of 

surfacing and dives, number of blows 

per surfacing, or moving direction and/ 

or speed; reduced/increased vocal 

activities; changing/cessation of certain 

behavioral activities, such as socializing 

or feeding; visible startle response or 

aggressive behavior, such as tail/fluke 

slapping or jaw clapping; avoidance of 

areas where noise sources are located; 

and/or flight responses (e.g., pinnipeds 

flushing into water from haulouts or 

rookeries). The onset of behavioral 

disturbance from anthropogenic noise 

depends on both external factors 

(characteristics of noise sources and 

their paths) and the receiving animals 

(hearing, motivation, experience, 

demography), and is therefore difficult 

to predict (Southall et al. 2007).The 

activities of workers in the project area 

may also cause behavioral reactions by 

marine mammals, such as pinnipeds 

flushing from the jetty or pier or moving 

farther from the disturbance to forage. 

However, observations of the area show 

that it is unlikely that more than 10 to 

20 individuals of pinnipeds would be 

present in the project vicinity at any one 

time. Therefore, even if pinnipeds were 

flushed from the haul-out, a stampede is 

very unlikely, due to the relatively low 

number of animals onsite. In addition, 

proposed mitigation and monitoring 

measures would minimize the startle 

behavior of pinnipeds and prevent the 

animals from flushing into the water. 

The biological significance of many of 

these behavioral disturbances is difficult 

to predict, especially if the detected 

disturbances appear minor. However, 

the consequences of behavioral 

modification could be expected to be 

biologically significant if the change 

affects growth, survival, or 

reproduction. Some of these types of 

significant behavioral modifications 

include: Drastic change in diving/

surfacing patterns (such as those 

thought to be causing beaked whale 

strandings due to exposure to military 

mid-frequency tactical sonar); habitat 

abandonment due to loss of desirable 

acoustic environment; and cessation of 

feeding or social interaction. 

Potential Effects on Marine Mammal 

Habitat 

The primary potential impacts to 

marine mammal habitat are associated 

with elevated sound levels produced by 

vibratory pile removal and pile driving 

in the area. However, other potential 

impacts to the surrounding habitat from 

physical disturbance are also possible. 

Potential Impacts on Prey Species 

With regard to fish as a prey source 

for cetaceans and pinnipeds, fish are 

known to hear and react to sounds and 

to use sound to communicate (Tavolga 

et al. 1981) and possibly avoid predators 

(Wilson and Dill 2002). Experiments 

have shown that fish can sense both the 

strength and direction of sound 

(Hawkins 1981). Primary factors 

determining whether a fish can sense a 

sound signal, and potentially react to it, 

are the frequency of the signal and the 

strength of the signal in relation to the 

natural background noise level. 

The level of sound at which a fish 

will react or alter its behavior is usually 

well above the detection level. Fish 

have been found to react to sounds 

when the sound level increased to about 

20 dB above the detection level of 120 

dB (Ona 1988); however, the response 

threshold can depend on the time of 

year and the fish’s physiological 

condition (Engas et al. 1993). In general, 

fish react more strongly to pulses of 

sound rather than non-pulse signals 

(such as noise from pile driving) 

(Blaxter et al. 1981), and a quicker alarm 

response is elicited when the sound 

signal intensity rises rapidly compared 

to sound rising more slowly to the same 

level. 

During the coastal construction only a 

small fraction of the available habitat 

would be ensonified at any given time. 

Disturbance to fish species would be 

short-term and fish would return to 

their pre-disturbance behavior once the 

pile driving activity ceases. Thus, the 

proposed construction would have 

little, if any, impact on the abilities of 

marine mammals to feed in the area 

where construction work is planned. 

Finally, the time of the proposed 

construction activity would avoid the 

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spawning season of the ESA-listed 

salmonid species. 

Water and Sediment Quality 

Short-term turbidity is a water quality 

effect of most in-water work, including 

pile driving. WSDOT must comply with 

state water quality standards during 

these operations by limiting the extent 

of turbidity to the immediate project 

area. 

Roni and Weitkamp (1996) monitored 

water quality parameters during a pier 

replacement project in Manchester, 

Washington. The study measured water 

quality before, during and after pile 

driving. The study found that 

construction activity at the site had 

‘‘little or no effect on dissolved oxygen, 

water temperature and salinity’’, and 

turbidity (measured in nephelometric 

turbidity units [NTU]) at all depths 

nearest the construction activity was 

typically less than 1 NTU higher than 

stations farther from the project area 

throughout construction. 

Similar results were recorded during 

pile removal operations at two WSDOT 

ferry facilities. At the Friday Harbor 

terminal, localized turbidity levels (from 

three timber pile removal events) were 

generally less than 0.5 NTU higher than 

background levels and never exceeded 1 

NTU. At the Eagle Harbor maintenance 

facility, local turbidity levels (from 

removal of timber and steel piles) did 

not exceed 0.2 NTU above background 

levels. In general, turbidity associated 

with pile installation is localized to 

about a 25-foot radius around the pile 

(Everitt et al. 1980). 

Cetaceans are not expected to be close 

enough to the Anacortes ferry terminal 

to experience turbidity, and any 

pinnipeds will be transiting the terminal 

area and could avoid localized areas of 

turbidity. Therefore, the impact from 

increased turbidity levels is expected to 

be discountable to marine mammals. 

Passage Obstructions 

Pile removal and driving operations at 

the Anacortes ferry terminal will not 

obstruct movements of marine 

mammals. The operations at Anacortes 

will occur within 152 m (500 ft) of the 

shoreline, leaving 3.2 km (2.0 mi) of 

Puget Sound for marine mammals to 

pass. 

A construction barge will be used 

during the project. The barge will be 

anchored and/or spudded. No dynamic 

positioning system (DPS) will be used. 

Proposed Mitigation Measures 

In order to issue an incidental take 

authorization 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. 

For WSDOT’s proposed Anacortes tieup slips dolphin and wingwall 

replacement project, WSDOT worked 

with NMFS and proposed the following 

mitigation measures to minimize the 

potential impacts to marine mammals in 

the project vicinity. The primary 

purposes of these mitigation measures 

are to minimize sound levels from the 

activities, to monitor marine mammals 

within designated zones of influence 

(ZOI) corresponding to NMFS’ current 

Level B harassment thresholds and, if 

marine mammals with the ZOI appear 

disturbed by the work activity, to 

initiate immediate shutdown or power 

down of the piling hammer, making it 

very unlikely potential injury or TTS to 

marine mammals would occur and 

ensuring that Level B behavioral 

harassment of marine mammals would 

be reduced to the lowest level 

practicable. 

No Impact Pile Driving 

To avoid potential injury to marine 

mammals, only vibratory pile hammer 

will be used for pile removal and pile 

driving. 

Time Restriction 

Work would occur only during 

daylight hours, when visual monitoring 

of marine mammals can be conducted. 

In addition, all in-water construction 

will be limited to the period between 

September 1, 2015, and February 15, 

2016. 

Establishment of Level B Harassment 

Zones of Influence 

Because WSDOT will not use impact 

pile driving for the proposed 

construction work, no Level A exclusion 

zone exists for marine mammals. NMFS 

currently uses received level of 120 dB 

as the onset of Level B harassment from 

non-impulse sources such as vibratory 

pile driving and pile removal. However, 

the in-water background noise data 

taken within the functional hearing 

group of relevant species showed that at 

the Anacortes ferry terminal area, the 

median day-time cumulative 

distribution function (CDF) for ambient 

noise levels range between 123 and 133 

dBRMS re 1 mPa (WSDOT 2014). 

Therefore, the 123-dB level will be used 

as the onset of Level B behavioral 

harassment at the Anacortes project area 

because this level will include marine 

mammals in all functional hearing 

groups. 

Before the commencement of in-water 

pile driving activities, WSDOT shall 

establish Level B behavioral harassment 

zones of influence (ZOIs) where 

received underwater sound pressure 

levels (SPLs) are higher than 123 dB 

(rms) re 1 mPa for vibratory pile driving. 

The 123-dB Level B harassment ZOIs 

from in-water vibratory pile removal 

and pile driving are modeled based on 

in-water measurements at the WSDOT 

Port Townsend Ferry Terminal 

(Laughlin 2011) and Friday Harbor 

Ferry Terminal (Laughlin 2010) 

constructions. These modeled results 

are presented in Table 4 below. 

TABLE 4—MODELED ZOI DISTANCES TO LEVEL B BEHAVIORAL HARASSMENT FROM THE PILE DRIVING AND PILE REMOVAL

AT WSDOT’S ANACORTES PROJECT AREA

Vibratory pile type/method Threshold In-water ZOI 

(km) 

In-air ZOI 

(m) 

12-inch timber removal .......................................................................................... 123 dBRMS re 1 μPa 1 .6 ............................

24-inch steel removal/driving ................................................................................. 123 dBRMS re 1 μPa 4 .0 ............................

30-inch steel driving ............................................................................................... 123 dBRMS re 1 μPa 26 ............................

36-inch steel driving ............................................................................................... 123 dBRMS re 1 μPa 40 ............................

All piles/in-air (harbor seals) .................................................................................. 90 dBRMS re 20 μPa .............................. 30 

All piles/in-air (other pinnipeds) ............................................................................. 100 dBRMS re 20 μPa .............................. 10 

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Soft Start 

WSDOT will implement ‘‘soft start’’ 

(or ramp up) to reduce potential 

startling behavioral responses from 

marine mammals. Soft start requires 

contractors to initiate noise from the 

vibratory hammer for 15 seconds at 

reduced energy followed by a 1-minute 

waiting period. The procedure will be 

repeated two additional times. Each 

day, WSDOT will use the soft-start 

technique at the beginning of pile 

driving, or if pile driving has ceased for 

more than one hour. 

Shutdown Measures 

WSDOT shall implement shutdown 

measures if southern resident killer 

whales are sighted within the vicinity of 

the project area and are approaching the 

Level B harassment zone (zone of 

influence, or ZOI) during in-water 

construction activities. 

If a killer whale approaches the ZOI 

during pile driving or removal, and it is 

unknown whether it is a Southern 

Resident killer whale or a transient 

killer whale, it shall be assumed to be 

a Southern Resident killer whale and 

WSDOT shall implement the shutdown 

measure. 

If a Southern Resident killer whale or 

an unidentified killer whale enters the 

ZOI undetected, in-water pile driving or 

pile removal shall be suspended until 

the whale exits the ZOI to avoid further 

level B harassment. 

Further, WSDOT shall implement 

shutdown measures if the number of 

any allotted marine mammal takes 

reaches the limit under the IHA (if 

issued), if such marine mammals are 

sighted within the vicinity of the project 

area and are approaching the Level B 

harassment zone during in-water 

construction activities. 

Coordination With Local Marine 

Mammal Research Network 

Prior to the start of pile driving, the 

Orca Network and/or Center for Whale 

Research will be contacted to find out 

the location of the nearest marine 

mammal sightings. The Orca Sightings 

Network consists of a list of over 600 

(and growing) residents, scientists, and 

government agency personnel in the 

U.S. and Canada. Sightings are called or 

emailed into the Orca Network and 

immediately distributed to other 

sighting networks including: The 

Northwest Fisheries Science Center of 

NOAA Fisheries, the Center for Whale 

Research, Cascadia Research, the Whale 

Museum Hotline and the British 

Columbia Sightings Network. 

‘Sightings’ information collected by 

the Orca Network includes detection by 

hydrophone. The SeaSound Remote 

Sensing Network is a system of 

interconnected hydrophones installed 

in the marine environment of Haro 

Strait (west side of San Juan Island) to 

study orca communication, in-water 

noise, bottom fish ecology and local 

climatic conditions. A hydrophone at 

the Port Townsend Marine Science 

Center measures average in-water sound 

levels and automatically detects 

unusual sounds. These passive acoustic 

devices allow researchers to hear when 

different marine mammals come into 

the region. This acoustic network, 

combined with the volunteer 

(incidental) visual sighting network 

allows researchers to document 

presence and location of various marine 

mammal species. 

With this level of coordination in the 

region of activity, WSDOT will be able 

to get real-time information on the 

presence or absence of whales before 

starting any pile driving. 

Mitigation Conclusions 

NMFS has carefully evaluated the 

applicant’s proposed mitigation 

measures and considered a range of 

other measures in the context of 

ensuring that NMFS prescribes the 

means of effecting the least practicable 

impact on the affected marine mammal 

species and stocks and their habitat. Our 

evaluation of potential measures 

included consideration of the following 

factors in relation to one another: 

• The manner in which, and the degree 

to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned 

• The practicability of the measure for 

applicant implementation 

Any mitigation measure(s) prescribed 

by NMFS should be able to accomplish, 

have a reasonable likelihood of 

accomplishing (based on current 

science), or contribute to the 

accomplishment of one or more of the 

general goals listed below: 

(1) Avoidance or minimization of 

injury or death of marine mammals 

wherever possible (goals 2, 3, and 4 may 

contribute to this goal). 

(2) A reduction in the numbers of 

marine mammals (total number or 

number at biologically important time 

or location) exposed to received levels 

of pile driving and pile removal or other 

activities expected to result in the take 

of marine mammals (this goal may 

contribute to 1, above, or to reducing 

harassment takes only). 

(3) A reduction in the number of 

times (total number or number at 

biologically important time or location) 

individuals would be exposed to 

received levels of pile driving and pile 

removal, or other activities expected to 

result in the take of marine mammals 

(this goal may contribute to 1, above, or 

to reducing harassment takes only). 

(4) A reduction in the intensity of 

exposures (either total number or 

number at biologically important time 

or location) to received levels of pile 

driving, or other activities expected to 

result in the take of marine mammals 

(this goal may contribute to a, above, or 

to reducing the severity of harassment 

takes only). 

(5) Avoidance or minimization of 

adverse effects to marine mammal 

habitat, paying special attention to the 

food base, activities that block or limit 

passage to or from biologically 

important areas, permanent destruction 

of habitat, or temporary destruction/ 

disturbance of habitat during a 

biologically important time. 

(6) For monitoring directly related to 

mitigation—an increase in the 

probability of detecting marine 

mammals, thus allowing for more 

effective implementation of the 

mitigation. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS, 

NMFS has preliminarily determined 

that the proposed mitigation measures 

provide the means of effecting the least 

practicable impact on marine mammals 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Proposed Monitoring and Reporting 

In order to issue an incidental take 

authorization (ITA) 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 ITAs 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 in the proposed 

action area. WSDOT submitted a marine 

mammal monitoring plan as part of the 

IHA application. It can be found at 

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

incidental.htm. The plan may be 

modified or supplemented based on 

comments or new information received 

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from the public during the public 

comment period. 

Monitoring measures prescribed by 

NMFS should accomplish one or more 

of the following general goals: 

(1) An increase in the probability of 

detecting marine mammals, both within 

the mitigation zone (thus allowing for 

more effective implementation of the 

mitigation) and in general to generate 

more data to contribute to the analyses 

mentioned below; 

(2) An increase in our understanding 

of how many marine mammals are 

likely to be exposed to levels of pile 

driving that we associate with specific 

adverse effects, such as behavioral 

harassment, TTS, or PTS; 

(3) An increase in our understanding 

of how marine mammals respond to 

stimuli expected to result in take and 

how anticipated adverse effects on 

individuals (in different ways and to 

varying degrees) may impact the 

population, species, or stock 

(specifically through effects on annual 

rates of recruitment or survival) through 

any of the following methods: 

D Behavioral observations in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

D Physiological measurements in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

D Distribution and/or abundance 

comparisons in times or areas with 

concentrated stimuli versus times or 

areas without stimuli; 

(4) An increased knowledge of the 

affected species; and 

(5) An increase in our understanding 

of the effectiveness of certain mitigation 

and monitoring measures. 

Proposed Monitoring Measures 

WSDOT shall employ NMFSapproved protected species observers 

(PSOs) to conduct marine mammal 

monitoring for its Anacortes tie-up 

dolphins and wingwall replacement 

project. The PSOs will observe and 

collect data on marine mammals in and 

around the project area for 30 minutes 

before, during, and for 30 minutes after 

all pile removal and pile installation 

work. If a PSO observes a marine 

mammal within a ZOI that appears to be 

disturbed by the work activity, the PSO 

will notify the work crew to initiate 

shutdown measures. 

Monitoring of marine mammals 

around the construction site shall be 

conducted using high-quality binoculars 

(e.g., Zeiss, 10 × 42 power). Due to the 

different sizes of ZOIs from different 

pile sizes, two different ZOIs and 

monitoring protocols corresponding to a 

specific pile size will be established. 

Specifically, during vibratory timber 

removal, and 24′′ steel vibratory pile 

driving and removal, one land-based 

PSO will monitor the area from the 

terminal work site, and one boat with a 

driver and a PSO will travel through the 

monitoring area. During 30/36′′ 

vibratory pile driving, one land-based 

PSO will monitor the area from the 

terminal work site, and two boats with 

two drivers and two PSOs will travel 

through the monitoring area (see Figures 

2 and 3 in WSDOT’s Marine Mammal 

Monitoring Plan). 

Data collection during marine 

mammal monitoring will consist of a 

count of all marine mammals by 

species, a description of behavior (if 

possible), location, direction of 

movement, type of construction that is 

occurring, time that pile replacement 

work begins and ends, any acoustic or 

visual disturbance, and time of the 

observation. Environmental conditions 

such as weather, visibility, temperature, 

tide level, current, and sea state would 

also be recorded. 

Proposed Reporting Measures 

WSDOT would be required to submit 

a final monitoring report within 90 days 

after completion of the construction 

work or the expiration of the IHA (if 

issued), whichever comes earlier. This 

report would detail the monitoring 

protocol, summarize the data recorded 

during monitoring, and estimate the 

number of marine mammals that may 

have been harassed. NMFS would have 

an opportunity to provide comments on 

the report, and if NMFS has comments, 

WSDOT would address the comments 

and submit a final report to NMFS 

within 30 days. 

In addition, NMFS would require 

WSDOT to notify NMFS’ Office of 

Protected Resources and NMFS’ 

Stranding Network within 48 hours of 

sighting an injured or dead marine 

mammal in the vicinity of the 

construction site. WSDOT shall provide 

NMFS with the species or description of 

the animal(s), the condition of the 

animal(s) (including carcass condition, 

if the animal is dead), location, time of 

first discovery, observed behaviors (if 

alive), and photo or video (if available). 

In the event that WSDOT finds an 

injured or dead marine mammal that is 

not in the vicinity of the construction 

area, WSDOT would report the same 

information as listed above to NMFS as 

soon as operationally feasible. 

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]. 

As discussed above, in-water pile 

removal and pile driving (vibratory and 

impact) generate loud noises that could 

potentially harass marine mammals in 

the vicinity of WSDOT’s proposed 

Anacortes Ferry Terminal tie-up slip 

dolphin and wingwall replacement 

project. 

As mentioned earlier in this 

document, currently NMFS uses 120 dB 

re 1 mPa and 160 dB re 1 mPa at the 

received levels for the onset of Level B 

harassment from non-impulse (vibratory 

pile driving and removal) and impulse 

sources (impact pile driving) 

underwater, respectively. Table 3 

summarizes the current NMFS marine 

mammal take criteria. 

TABLE 3—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER

Criterion Criterion definition Threshold 

Level A Harassment (Injury) ... Permanent Threshold Shift (PTS) (Any level above that which is known to 

cause TTS).

180 dB re 1 μPa (cetaceans) 

190 dB re 1 μPa (pinnipeds) 

root mean square (rms) 

Level B Harassment ............... Behavioral Disruption (for impulse noises) ...................................................... 160 dB re 1 μPa (rms) 

Level B Harassment ............... Behavioral Disruption (for non-impulse noise) ................................................. 120 dB re 1 μPa (rms) 

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As explained above, ZOIs will be 

established that encompass the areas 

where received underwater sound 

pressure levels (SPLs) exceed the 

applicable thresholds for Level B 

harassment. In the case of WSDOT’s 

proposed Anacortes construction 

project, the Level B harassment ZOI for 

non-impulse noise sources will be at the 

received level at 123 dB, which is the 

median ambient noise level for the highfrequency cetacean. There will not be a 

zone for Level A harassment in this 

case, because source levels from 

vibratory hammer do not exceed the 

threshold for Level A harassment, and 

no impact hammer will be used in the 

proposed project. 

Sound Levels From Proposed 

Construction Activity 

As mentioned earlier, the 123-dB 

Level B harassment ZOIs are modeled 

based on in-water measurements at the 

WSDOT Port Townsend Ferry Terminal 

(Laughlin 2011) and Friday Harbor 

Ferry Terminal (Laughlin 2010) 

constructions (Table 4). Incidental take 

is calculated for each species by 

estimating the likelihood of a marine 

mammal being present within a ZOI 

during active pile removal/driving. 

Expected marine mammal presence is 

determined by past observations and 

general abundance near the Anacortes 

ferry terminal during the construction 

window. Ideally, potential take is 

estimated by multiplying the area of the 

ZOI by the local animal density. This 

provides an estimate of the number of 

animals that might occupy the ZOI at 

any given moment. However, there are 

no density estimates for any Puget 

Sound population of marine mammal. 

As a result, the take requests were 

estimated using local marine mammal 

data sets, and information from state 

and federal agencies. All haulout and 

observation data available are 

summarized in Section 3 of WSDOT’s 

IHA application. Project duration is 

presented in Section 2 of WSDOT’s IHA 

application. 

The calculation for marine mammal 

exposures is estimated by: 

Exposure estimate = N (number of 

animals in the area) * Number of 

days of pile removal/driving 

activity 

Estimates include Level B acoustical 

harassment during vibratory pile 

removal and driving. All estimates are 

conservative, as pile removal/driving 

will not be continuous during the work 

day. Using this approach, a summary of 

estimated takes of marine mammals 

incidental to WSDOT’s Anacortes Ferry 

Terminal tip-up dolphins and wingwall 

replacement work are provided in Table 

5. 

TABLE 5—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED PILE REMOVAL LEVELS

ABOVE 123 DB RE 1 μPA (RMS) 

Species Estimated marine 

mammal takes Abundance Percentage 

Pacific harbor seal ................................................................................................. 900 14,612 6 .0 

California sea lion .................................................................................................. 180 296,750 0 .06 

Steller sea lion ....................................................................................................... 360 52,847 0 .7 

Northern elephant seal .......................................................................................... 72 124,000 0 .06 

Harbor porpoise ..................................................................................................... 612 10,682 5 .7 

Dall’s porpoise ....................................................................................................... 108 42,000 0 .3 

Killer whale, transient ............................................................................................ 70 354 20 

Killer whale, Southern Resident ............................................................................ 4 81 5 .0 

Pacific white-sided dolphin .................................................................................... 360 25,233 1 .4 

Gray whale ............................................................................................................. 36 18,017 0 .2 

Humpback whale ................................................................................................... 30 2,043 1 .5 

Minke whale ........................................................................................................... 10 202–600 1 .7–5 

Analysis and Preliminary 

Determinations 

Negligible Impact 

Negligible impact is ‘‘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’’ 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of Level B harassment takes, alone, is 

not enough information on which to 

base an impact determination. In 

addition to considering estimates of the 

number of marine mammals that might 

be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

migration, etc.), as well as the number 

and nature of estimated Level A 

harassment takes, the number of 

estimated mortalities, and effects on 

habitat. 

WSDOT’s proposed Anacortes Ferry 

Terminal tie-up dolphins and wingwall 

replacement project would involve 

vibratory pile removal and pile driving 

activities. Elevated underwater noises 

are expected to be generated as a result 

of these activities; however, these noises 

are expected to result in no mortality or 

Level A harassment and limited Level B 

harassment of marine mammals. 

WSDOT would not use impact hammer 

for pile driving, thus eliminating the 

potential for injury (including PTS) and 

TTS from noise impact. For vibratory 

pile removal and pile driving, noise 

levels are not expected to reach the level 

that may cause TTS, injury (including 

PTS), or mortality to marine mammals. 

Therefore, NMFS does not expect that 

any animals would experience Level A 

harassment (including injury or PTS) or 

Level B harassment in the form of TTS 

from being exposed to in-water pile 

removal and pile driving associated 

with WSDOT’s construction project. 

Additionally, the sum of noise from 

WSDOT’s proposed Anacortes Ferry 

Terminal tie-up dolphins and wingwall 

replacement construction activities is 

confined to a limited area by 

surrounding landmasses; therefore, the 

noise generated is not expected to 

contribute to increased ocean ambient 

noise. In addition, due to shallow water 

depths in the project area, underwater 

sound propagation of low-frequency 

sound (which is the major noise source 

from pile driving) is expected to be 

poor. 

In addition, WSDOT’s proposed 

activities are localized and of short 

duration. The entire project area is 

limited to WSDOT’s Anacortes Ferry 

Terminal construction work. The entire 

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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 11657 

project would involve the removal of 

272 existing piles and installation of 81 

piles. The duration for the construction 

would involve 68 hours in 9 days for 

pile removal and 27 hours in 27 days for 

pile installation. These low-intensity, 

localized, and short-term noise 

exposures may cause brief startle 

reactions or short-term behavioral 

modification by the animals. These 

reactions and behavioral changes are 

expected to subside quickly when the 

exposures cease. Moreover, the 

proposed mitigation and monitoring 

measures are expected to reduce 

potential exposures and behavioral 

modifications even further. 

Additionally, no important feeding and/ 

or reproductive areas for marine 

mammals are known to be near the 

proposed action area. Therefore, the 

take resulting from the proposed 

Anacortes Ferry Terminal tie-up 

dolphins and wingwall replacement 

work is not reasonably expected to, and 

is not reasonably likely to, adversely 

affect the marine mammal species or 

stocks through effects on annual rates of 

recruitment or survival. 

The proposed project area is not a 

prime habitat for marine mammals, nor 

is it considered an area frequented by 

marine mammals. Therefore, behavioral 

disturbances that could result from 

anthropogenic noise associated with 

WSDOT’s construction activities are 

expected to affect only a small number 

of marine mammals on an infrequent 

and limited basis. 

The project also is not expected to 

have significant adverse effects on 

affected marine mammals’ habitat, as 

analyzed in detail in the ‘‘Anticipated 

Effects on Marine Mammal Habitat’’ 

section. The project activities would not 

modify existing marine mammal habitat. 

The activities may cause some fish to 

leave the area of disturbance, thus 

temporarily impacting marine 

mammals’ foraging opportunities in a 

limited portion of the foraging range; 

but, because of the short duration of the 

activities and the relatively small area of 

the habitat that may be affected, the 

impacts to marine mammal habitat are 

not expected to cause significant or 

long-term negative consequences. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

proposed monitoring and mitigation 

measures, NMFS preliminarily finds 

that the total marine mammal take from 

WSDOT’s Anacortes Ferry Terminal tieup dolphins and wingwall replacement 

project will have a negligible impact on 

the affected marine mammal species or 

stocks. 

Small Number 

Based on analyses provided above, it 

is estimated that approximately 900 

harbor seals, 180 California sea lions, 

360 Steller sea lions, 72 northern 

elephant seals, 612 harbor porpoises, 

108 Dall’s porpoises, 70 transient killer 

whales, 4 Southern Resident killer 

whales, 360 Pacific white-sided 

dolphins, 36 gray whales, 30 humpback 

whales, and 10 minke whales could be 

exposed to received noise levels that 

could cause Level B behavioral 

harassment from the proposed 

construction work at the Anacortes 

Ferry Terminal in Washington State. 

These numbers represent approximately 

0.06% to 20% of the populations of 

these species that could be affected by 

Level B behavioral harassment, 

respectively (see Table 5 above), which 

are small percentages relative to the 

total populations of the affected species 

or stocks. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

which are expected to reduce the 

number of marine mammals potentially 

affected by the proposed action, NMFS 

preliminarily finds that small numbers 

of marine mammals will be taken 

relative to the populations of the 

affected species or stocks. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no subsistence uses of 

marine mammals in the proposed 

project area; and, thus, no subsistence 

uses impacted by this action. Therefore, 

NMFS has determined that the total 

taking of affected species or stocks 

would not have an unmitigable adverse 

impact on the availability of such 

species or stocks for taking for 

subsistence purposes. 

Endangered Species Act (ESA) 

The humpback whale and the 

Southern Resident stock of killer whale 

are the only marine mammal species 

currently listed under the ESA that 

could occur in the vicinity of WSDOT’s 

proposed construction projects. NMFS’ 

Permits and Conservation Division has 

initiated consultation with NMFS’ 

Protected Resources Division under 

section 7 of the ESA on the issuance of 

an IHA to WSDOT under section 

101(a)(5)(D) of the MMPA for this 

activity. Consultation will be concluded 

prior to a determination on the issuance 

of an IHA. 

National Environmental Policy Act 

(NEPA) 

NMFS prepared a draft Environmental 

Assessment (EA) for the proposed 

issuance of an IHA, pursuant to NEPA, 

to determine whether or not this 

proposed activity may have a significant 

effect on the human environment. This 

analysis will be completed prior to the 

issuance or denial of this proposed IHA. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to WSDOT for conducting the 

Anacortes Ferry Terminal tie-up 

dolphins and wingwall replacement 

project, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

The proposed IHA language is provided 

next. 

1. This Authorization is valid from 

September 1, 2015, through August 31, 

2016. 

2. This Authorization is valid only for 

activities associated in-water 

construction work at the Anacortes 

Ferry Terminal tie-up dolphins and 

wingwall replacement project in the 

State of Washington. 

3. (a) The species authorized for 

incidental harassment takings, Level B 

harassment only, are: Pacific harbor seal 

(Phoca vitulina richardsi), California sea 

lion (Zalophus californianus), Steller 

sea lion (Eumetopias jubatus), northern 

elephant seals (Mirounga angustirostris), 

transient and Southern Resident killer 

whales (Orcinus orca), Pacific whitesided dolphin (Lagenorhynchus 

obliquidens), gray whale (Eschrichtius 

robustus), humpback whale (Megaptera 

novaeangliae), harbor porpoise 

(Phocoena phocoena), and Dall’s 

porpoise (Phocoena dali). 

(b) The authorization for taking by 

harassment is limited to the following 

acoustic sources and from the following 

activities: 

• Vibratory pile driving; 

• Vibratory pile removal; and 

• Work associated with above piling 

activities. 

(c) The taking of any marine mammal 

in a manner prohibited under this 

Authorization must be reported within 

24 hours of the taking to the West Coast 

Administrator (206–526–6150), National 

Marine Fisheries Service (NMFS) and 

the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at (301) 

427–8401, or her designee (301–427– 

8418). 

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4. The holder of this Authorization 

must notify the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, at least 48 hours 

prior to the start of activities identified 

in 3(b) (unless constrained by the date 

of issuance of this Authorization in 

which case notification shall be made as 

soon as possible). 

5. Prohibitions 

(a) The taking, by incidental 

harassment only, is limited to the 

species listed under condition 3(a) 

above and by the numbers listed in 

Table 5. The taking by Level A 

harassment, injury or death of these 

species or the taking by harassment, 

injury or death of any other species of 

marine mammal is prohibited and may 

result in the modification, suspension, 

or revocation of this Authorization. 

(b) The taking of any marine mammal 

is prohibited whenever the required 

protected species observers (PSOs), 

required by condition 7(a), are not 

present in conformance with condition 

7(a) of this Authorization. 

6. Mitigation 

(a) Time Restriction 

In-water construction work shall 

occur only during daylight hours, when 

visual monitoring of marine mammals 

can be conducted. 

(b) Establishment of Level B 

Harassment Zones of Influence 

Before the commencement of in-water 

pile driving activities, WSDOT shall 

establish Level B behavioral harassment 

zones of influence (ZOIs) where 

received underwater sound pressure 

levels (SPLs) are higher than 123 dB 

(rms) re 1 mPa. The modeled isopleths 

for ZOIs are listed in Table 4. 

(c) Monitoring of marine mammals 

shall take place starting 30 minutes 

before pile driving begins until 30 

minutes after pile driving ends. 

(d) Soft Start 

(i) When there has been downtime of 

30 minutes or more without pile 

driving, the contractor will initiate the 

driving with ramp-up procedures 

described below. 

(ii) Soft start requires contractors to 

initiate noise from the vibratory hammer 

for 15 seconds at reduced energy 

followed by a 1-minute waiting period. 

The procedure will be repeated two 

additional times. Each day, WSDOT will 

use the soft-start technique at the 

beginning of pile driving, or if pile 

driving has ceased for more than one 

hour. 

(e) Shutdown Measures 

(i) WSDOT shall implement 

shutdown measures if southern resident 

killer whales (SRKWs) are sighted 

within the vicinity of the project area 

and are approaching the Level B 

harassment zone (zone of influence, or 

ZOI) during in-water construction 

activities. 

(ii) If a killer whale approaches the 

ZOI during pile driving or removal, and 

it is unknown whether it is a SRKW or 

a transient killer whale, it shall be 

assumed to be a SRKW and WSDOT 

shall implement the shutdown measure 

identified in 6(e)(i). 

(iii) If a SRKW enters the ZOI 

undetected, in-water pile driving or pile 

removal shall be suspended until the 

SRKW exits the ZOI to avoid further 

level B harassment. 

(iv) WSDOT shall implement 

shutdown measures if the number of 

any allotted marine mammal takes 

reaches the limit under the IHA, if such 

marine mammals are sighted within the 

vicinity of the project area and are 

approaching the Level B harassment 

zone during pile removal activities. 

(v) WSDOT shall implement 

shutdown measures if marine mammals 

with the ZOI appear disturbed by the 

work activity. 

(f) Coordination With Local Marine 

Mammal Research Network 

Prior to the start of pile driving, 

WSDOT will contact the Orca Network 

and/or Center for Whale Research to get 

real-time information on the presence or 

absence of whales before starting any 

pile driving. 

7. Monitoring: 

(a) Protected Species Observers 

WSDOT shall employ NMFSapproved PSOs to conduct marine 

mammal monitoring for its construction 

project. 

(i) Visual acuity in both eyes 

(correction is permissible) sufficient for 

discernment of moving targets at the 

water’s surface with ability to estimate 

target size and distance. Use of 

binoculars will be required to correctly 

identify the target. 

(ii) Experience or training in the field 

identification of marine mammals 

(cetaceans and pinnipeds). 

(iii) Sufficient training, orientation or 

experience with the construction 

operation to provide for personal safety 

during observations. 

(iv) Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real time 

information on marine mammals 

observed in the area as necessary. 

(v) Experience and ability to conduct 

field observations and collect data 

according to assigned protocols (this 

may include academic experience). 

(vi) Writing skills sufficient to prepare 

a report of observations that would 

include such information as the number 

and type of marine mammals observed; 

the behavior of marine mammals in the 

project area during construction, dates 

and times when observations were 

conducted; dates and times when inwater construction activities were 

conducted; and dates and times when 

marine mammals were present at or 

within the defined ZOI. 

(b) Monitoring Protocols: PSOs shall 

be present on site at all times during 

pile removal and driving. 

(i) A range finder or hand-held global 

positioning system device will be used 

to ensure that the 123 dBrms re 1 mPa 

Level B behavioral harassment ZOI is 

monitored. 

(ii) A 30-minute pre-construction 

marine mammal monitoring will be 

required before the first pile driving or 

pile removal of the day. A 30-minute 

post-construction marine mammal 

monitoring will be required after the last 

pile driving or pile removal of the day. 

If the constructors take a break between 

subsequent pile driving or pile removal 

for more than 30 minutes, then 

additional pre-construction marine 

mammal monitoring will be required 

before the next start-up of pile driving 

or pile removal. 

(iii) Marine mammal visual 

monitoring will be conducted for 

different ZOIs based on different sizes of 

piles being driven or removed. 

(A) For vibratory timber removal, and 

24′′ steel vibratory pile driving and 

removal, one land-based PSO will 

monitor the area from the terminal work 

site, and one boat with a driver and a 

PSO will travel through the monitoring 

area. 

(B) For 30′′/36′′ vibratory pile driving, 

one land-based PSO will monitor the 

area from the terminal work site, and 

two boats with two drivers and two 

PSOs will travel through the monitoring 

area. 

(iv) If marine mammals are observed, 

the following information will be 

documented: 

(A) Species of observed marine 

mammals; 

(B) Number of observed marine 

mammal individuals; 

(C) Behavioral of observed marine 

mammals; 

(D) Location within the ZOI; and 

(E) Animals’ reaction (if any) to piledriving activities. 

8. Reporting: 

(a) WSDOT shall provide NMFS with 

a draft monitoring report within 90 days 

of the conclusion of the construction 

work or within 90 days of the expiration 

of the IHA, whichever comes first. This 

report shall detail the monitoring 

protocol, summarize the data recorded 

during monitoring, and estimate the 

number of marine mammals that may 

have been harassed. 

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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 11659 

(b) If comments are received from the 

NMFS West Coast Regional 

Administrator or NMFS Office of 

Protected Resources on the draft report, 

a final report shall be submitted to 

NMFS within 30 days thereafter. If no 

comments are received from NMFS, the 

draft report will be considered to be the 

final report. 

(c) In the unanticipated event that the 

construction activities clearly cause the 

take of a marine mammal in a manner 

prohibited by this Authorization (if 

issued), such as an injury, serious 

injury, or mortality, WSDOT shall 

immediately cease all operations and 

immediately report the incident to the 

Chief, Permits and Conservation 

Division, Office of Protected Resources, 

NMFS, and the West Coast Regional 

Stranding Coordinators. The report must 

include the following information: 

(i) Time, date, and location (latitude/ 

longitude) of the incident; 

(ii) Description of the incident; 

(iii) Status of all sound source use in 

the 24 hours preceding the incident; 

(iv) Environmental conditions (e.g., 

wind speed and direction, sea state, 

cloud cover, visibility, and water 

depth); 

(v) Description of marine mammal 

observations in the 24 hours preceding 

the incident; 

(vi) Species identification or 

description of the animal(s) involved; 

(vii) The fate of the animal(s); and 

(viii) Photographs or video footage of 

the animal (if equipment is available). 

Activities shall not resume until 

NMFS is able to review the 

circumstances of the prohibited take. 

NMFS shall work with WSDOT to 

determine what is necessary to 

minimize the likelihood of further 

prohibited take and ensure MMPA 

compliance. WSDOT may not resume 

their activities until notified by NMFS 

via letter, email, or telephone. 

(E) In the event that WSDOT 

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), WSDOT will 

immediately report the incident to the 

Chief, Permits and Conservation 

Division, Office of Protected Resources, 

NMFS, and the West Coast Regional 

Stranding Coordinators. The report must 

include the same information identified 

above. Activities may continue while 

NMFS reviews the circumstances of the 

incident. NMFS will work with WSDOT 

to determine whether modifications in 

the activities are appropriate. 

(F) In the event that WSDOT 

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), WSDOT shall report 

the incident to the Chief, Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, and the 

West Coast Regional Stranding 

Coordinators, within 24 hours of the 

discovery. WSDOT shall provide 

photographs or video footage (if 

available) or other documentation of the 

stranded animal sighting to NMFS and 

the Marine Mammal Stranding Network. 

WSDOT can continue its operations 

under such a case. 

9. This Authorization may be 

modified, suspended or withdrawn if 

the holder fails to abide by the 

conditions prescribed herein or if the 

authorized taking is having more than a 

negligible impact on the species or stock 

of affected marine mammals, or if there 

is an unmitigable adverse impact on the 

availability of such species or stocks for 

subsistence uses. 

10. A copy of this Authorization and 

the Incidental Take Statement must be 

in the possession of each contractor who 

performs the construction work at the 

Anacortes Ferry Terminals. 

11. WSDOT is required to comply 

with the Terms and Conditions of the 

Incidental Take Statement 

corresponding to NMFS’ Biological 

Opinion. 

Dated: February 25, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–04425 Filed 3–3–15; 8:45 am] 

BILLING CODE 3510–22–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

Credit Union Advisory Council Meeting 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of public meeting. 

SUMMARY: This notice sets forth the 

announcement of a public meeting of 

the Credit Union Advisory Council 

(CUAC or Council) of the Consumer 

Financial Protection Bureau (Bureau). 

The notice also describes the functions 

of the Council. Notice of the meeting is 

permitted by section 6 of the CUAC 

Charter and is intended to notify the 

public of this meeting. Specifically, 

section X of the CUAC Charter states: 

(1) Each meeting of the Council shall 

be open to public observation, to the 

extent that a facility is available to 

accommodate the public, unless the 

Bureau, in accordance with paragraph 

(4) of this section, determines that the 

meeting shall be closed. The Bureau 

also will make reasonable efforts to 

make the meetings available to the 

public through live recording. (2) Notice 

of the time, place and purpose of each 

meeting, as well as a summary of the 

proposed agenda, shall be published in 

the Federal Register not more than 45 

or less than 15 days prior to the 

scheduled meeting date. Shorter notice 

may be given when the Bureau 

determines that the Council’s business 

so requires; in such event, the public 

will be given notice at the earliest 

practicable time. (3) Minutes of 

meetings, records, reports, studies, and 

agenda of the Council shall be posted on 

the Bureau’s Web site 

(www.consumerfinance.gov). (4) The 

Bureau may close to the public a portion 

of any meeting, for confidential 

discussion. If the Bureau closes a 

meeting or any portion of a meeting, the 

Bureau will issue, at least annually, a 

summary of the Council’s activities 

during such closed meetings or portions 

of meetings. 

DATES: The meeting date is Thursday, 

March 12, 2014, 3:00 p.m. to 5:00 p.m. 

Eastern Standard Time. 

ADDRESSES: The meeting location is 

Consumer Financial Protection Bureau, 

1275 First Street NE., Washington, DC 

20002. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Draper, Consumer Advisory 

Board & Councils, External Affairs, 1700 

G Street NW., Washington, DC 20552; 

telephone: 202–435–7176; CFPB_

CABandCouncilsEvents@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1014(a) of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (http://www.sec.gov/

about/laws/wallstreetreform-cpa.pdf) 

(Dodd-Frank Act) provides: ‘‘The 

Director shall establish a Credit Union 

Advisory Board to advise and consult 

with the Bureau in the exercise of its 

functions under the Federal consumer 

financial laws, and to provide 

information on emerging practices in 

the consumer financial products or 

services industry, including regional 

trends, concerns, and other relevant 

information.’’ 12 U.S.C. 5494. 

(a) The purpose of the Council is 

outlined in section 1014(a) of the DoddFrank Act (http://www.sec.gov/about/

laws/wallstreetreform-cpa.pdf), which 

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