756 Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Notices 

reducing the tolerance allowed on 

overregistration under T.1.1.(a) from the 

current 2.5% to 1% when the test does 

not exceed one mile and would increase 

the tolerance for underregistration in 

T.1.1.(b) from 2.5% to 4%. These 

changes if adopted would align the 

tolerances values for distance tests 

allowed for taximeters and TNMS. At 

the 2021 NCWM Annual Meeting it was 

noted that these items were being 

discussed with the USNWG and the 

Committee agreed to a developing status 

for this item for further comment and 

consideration. 

NCWM L&R Committee 

NIST Handbook 130 and NIST 

Handbook 133 

The following items are proposals for 

NIST HB 130 Uniform Method of Sale 

(MOS) and the Uniform Fuels and 

Automotive Lubricants Regulation 

(FLR): 

Item Block 1 (B1)— 

NIST HB 130, PAL–19.1. UPLR, Sec. 

2.8. Multiunit Package. NET–19.2. NIST 

HB 133 Modify ‘‘scope’’ for Chapters 2 

through 4, add a note following Sections 

2.3.7.1. and 2.7.3., NET–19.3. NIST HB 

133 create a Chapter 5. Specialized Test 

Procedures. The L&R Committee will 

also be addressing a proposal to include 

adoption of a test procedure for the total 

quantity declaration on multiunit or 

variety packages. In addition, in NIST 

HB 130, Uniform Packaging and 

Labeling Regulation, the proposal would 

clarify Section 2.8. Multiunit. 

Item MOS–22.4. Section 2.16. 

Compressed or Liquefied Gasses in 

Refillable Cylinders 

The L&R Committee will consider a 

proposal to modify the existing language 

for the method of sale of Compressed or 

Liquefied Gases in Refillable Cylinders. 

The proposed amendments are being 

considered so that current HB 130 

requirements are not in conflict between 

the tare weight and other labeling 

requirements for compressed gas 

cylinders in the Method of Sale of 

Commodities Regulation and similar 

Federal regulations published by the 

U.S. DOT. 

Item MOS–20.5 Section 2.21 Liquefied 

Petroleum Gas 

The L&R Committee will consider a 

proposal to modify the existing language 

for the method of sale of Liquefied 

Petroleum Gas. Consider changes to the 

existing language that references a value 

of ‘‘15.6 °C’’ for temperature 

determinations in metric units. 

According to the current industry 

practice for sales of petroleum products, 

the reference temperature for sales in 

metric are based on 15 °C rather than 

the exact conversion from 60 °F (which 

is 15.6 °C). Thus, the temperature 

reference in metric should be 15 °C. 

This will also add language for metered 

sales with a maximum capacity equal to 

or greater than 20 gal/min will have a 

metering system that automatic 

temperature compensates. For metering 

system with a maximum capacity less 

than 20 gal/min. Effective January 2030, 

all metered sales, shall be accomplished 

using a metering system that automatic 

temperature compensates. 

Item MOS 22.3. Section 2.4. Fireplace 

and Stove Wood 

The Committee will consider a 

proposal to modify the language to 

clarify the language as to how 

compressed firewood bricks shall be 

sold. This also clarifies the terms for 

plural and singular representation for 

the units. 

Item 22.1. Uniform Regulation for Ecommerce Products 

The L&R Committee will consider a 

proposal to add a new regulation into 

HB 130 for Uniform Labeling for Ecommerce for consumer commodities 

and non-consumer commodities. This 

regulation will provide guidance to 

those state that adopt such a regulation. 

It also provides for required information 

that shall be provided when the product 

is delivered. This regulation would also 

lay out the terms that shall appear on an 

e-commerce website. 

Item Block 3 Cannabis 

B3: PALS–22.1. Section XX. Cannabis 

and Cannabis-Containing Products. The 

Committee will consider a proposal to 

establish definitions within HB 130 

Packaging and Labeling Requirements 

for Cannabis and Cannabis containing 

products. In addition, PAL–22.2 Section 

10.XX. Cannabis and CannabisContaining Products. will establish 

labeling requirements. B3: NET–22.1. 

Section 1.XX. Cannabis and CannabisContaining Products and 2.XX. 

Cannabis and Cannabis-Containing 

Products. provides for a 3% moisture 

allowance for Cannabis containing more 

than 0.3% total Delta-9 THC or 

containing 0.3% less total Delta-9 THC 

(hemp). B3: MOS–22.2. HB 130 Section 

1.XX. and Section 2.XX. Cannabis and 

Cannabis-Containing Products. The 

Committee will consider a proposal to 

amend these two sections to include 

language for a method of sale for 

Cannabis. Included within this proposal 

is also a water activity limit of 0.6 ± 

¥0.5, when unprocessed Cannabis is 

sold or transferred. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2022–00036 Filed 1–5–22; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB618] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Offshore 

From New York to Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization (IHA). 

SUMMARY: NMFS received a request from 

;rsted Wind Power North America, 

LLC, (;rsted) for the Renewal of their 

2020 IHA to take marine mammals 

incidental marine site characterization 

surveys, using high-resolution 

geophysical (HRG) equipment, in 

coastal waters from New York to 

Massachusetts. ;rsted is also planning 

to conduct marine site characterization 

surveys along one or more potential 

submarine export cable routes (ECRs). 

The activities for which ;rsted has 

requested a Renewal IHA are identical 

to those covered under the initial IHA, 

which expired on September 24, 2021. 

Pursuant to the Marine Mammal 

Protection Act (MMPA), prior to issuing 

the initial IHA in 2020, NMFS requested 

comments on both the proposed IHA 

and the potential for renewing the 

initial authorization if certain 

requirements were satisfied. The 

Renewal requirements have been 

satisfied, and NMFS is now providing 

an additional 15-day comment period to 

allow for any additional comments on 

the proposed Renewal not previously 

provided during the initial 30-day 

comment period. If issued, the Renewal 

would be effective through September 

24, 2022. 

DATES: Comments and information must 

be received no later than January 21, 

2022. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. Written 


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comments should be submitted via 

email to ITP.Esch@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted online at 

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

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Carter Esch, Office of Protected 

Resources, NMFS, (301) 427–8421. 

Electronic copies of the original 

application, renewal request, and 

supporting documents (including NMFS 

Federal Register notices of the original 

proposed and final authorizations, and 

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

references cited in this document, may 

be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

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

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

proposed or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization is 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

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

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

can be found in section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional period not to exceed one year 

for each reauthorization. In the notice of 

proposed IHA for the initial 

authorization, NMFS described the 

circumstances under which we would 

consider issuing a Renewal for this 

activity and requested public comment 

on a potential Renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime, one-year Renewal IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Description of the 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

section of the initial IHA issuance 

notice would not be completed by the 

time the initial IHA expires and a 

Renewal would allow for completion of 

the activities beyond that described in 

the DATES section of the notice of 

issuance of initial IHA, provided all of 

the following conditions are met: 

(1) A request for Renewal is received 

no later than 60 days prior to the needed 

Renewal IHA effective date (recognizing 

that the Renewal IHA expiration date 

cannot extend beyond one year from 

expiration of the initial IHA). 

(2) The request for Renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

Renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take). 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

(3) Upon review of the request for 

Renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

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

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

Renewal. A description of the Renewal 

process may be found on our website at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals. 

Any comments received on the potential 

Renewal, along with relevant comments 

on the initial IHA, have been considered 

in the development of this proposed 

IHA Renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested Renewal, and agency 

responses will be summarized in the 

final notice of our decision. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must evaluate our 

proposed action (i.e., issuance of 

incidental harassment authorization) 

and alternatives with respect to 

potential impacts on the human 

environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 of the 

Companion Manual for NAO 216–6A, 

which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Accordingly, 

NMFS has preliminarily determined 

that the issuance of the proposed IHA 

Renewal qualifies to be categorically 

excluded from further NEPA review. 

We will review all comments 

submitted in response to this notice 

prior to concluding our NEPA process 

or making a final decision on the IHA 

Renewal request. 


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History of Request 

On September 25, 2020, NMFS issued 

an IHA to ;rsted to take marine 

mammals incidental to marine site 

characterization survey activities 

offshore from New York to 

Massachusetts in the areas of the 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS–A 

0486/0517, OCS–A 0487, and OCS–A 

0500) (Lease Areas) and along potential 

submarine ECRs to landfall locations 

from New York to Massachusetts (85 FR 

63508, October 8, 2020), effective from 

September 25, 2020 through September 

24, 2021. On July 8, 2021, NMFS 

received a request for a Renewal of that 

initial IHA so that ;rsted can continue 

survey activities beyond September 24, 

2021. ;rsted later communicated that 

marine site characterization surveys 

under the Renewal IHA would not begin 

until 2022. As described in the request 

for a Renewal IHA, the activities for 

which incidental take is requested are 

identical to those covered by the initial 

authorization. As required, the 

applicant also provided a monitoring 

report (available at https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-orstedwind-power-north-america-llc-sitecharacterization) which confirms that 

the applicant has implemented the 

required mitigation and monitoring, and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. 

NMFS previously issued an IHA to 

;rsted for similar activities (84 FR 

52464; October 2, 2019); ;rsted 

complied with all the requirements (e.g., 

mitigation, monitoring, and reporting) of 

that IHA. 

Description of the Specified Activities 

and Anticipated Impacts 

;rsted proposes to conduct a second 

year of marine site characterization 

surveys, using high-resolution 

geophysical (HRG) equipment, within 

the Lease Areas, located approximately 

14 miles (mi) (22 kilometers (km)) south 

of Martha’s Vineyard, Massachusetts at 

its closest point, and proposed ECRs 

from the Lease Areas to potential shore 

landing locations for submarine cables 

associated with offshore wind 

development along the coast from New 

York to Massachusetts. The purpose of 

the marine site characterization surveys 

is to support site characterization, 

siting, and engineering design of 

offshore project facilities, including 

wind turbine generators (WTGs), 

offshore substation(s), and submarine 

cables within the Lease and proposed 

ECR Areas. The activities covered under 

the initial IHA have been completed. 

;rsted requested a Renewal of the 

initial IHA issued by NMFS in 

September 2020 on the basis that they 

plan to conduct up to another year of 

identical activities in the same area as 

described in the Detailed Description of 

the Specified Activities section of the 

Federal Register notice for the initial 

proposed IHA (85 FR 48179, August 10, 

2020), which can be found at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. 

In their 2020 IHA application, ;rsted 

estimated it would conduct surveys at a 

rate of 70 kilometers (km) per survey 

day. ;rsted defined a survey day as a 

24-hour activity day, which could be the 

sum of multiple partial surveys if less 

than 70 km is surveyed in 24 hours. 

Based on the planned 24-hour 

operations, the survey activities for all 

survey areas would require 1,302 survey 

days if one vessel were surveying 

continuously. However, ;rsted 

proposed to use an estimated five 

vessels simultaneously, with a 

maximum of no more than nine vessels. 

Therefore, ;rsted planned to complete 

all survey effort in one year, prior to the 

expiration of the initial IHA on 

September 24, 2021; all of the work 

addressed under the initial IHA was 

completed prior to the initial IHA 

expiration date. The Renewal IHA 

would authorize take, by Level B 

harassment only (in the form of 

behavioral disturbance), of 15 species/ 

stocks of marine mammals for a second 

year of identical survey activities to be 

completed in one year, in the same area, 

using survey methods identical to those 

described in the initial IHA application; 

therefore, the anticipated effects on 

marine mammals and the affected stocks 

also remain the same. The amount of 

take, by Level B harassment, requested 

for the Renewal IHA is also identical to 

that authorized in the initial IHA. All 

active acoustic sources, mitigation, and 

monitoring measures would remain 

exactly as described in the Federal 

Register notice of the issued initial IHA 

(85 FR 63508, October 8, 2020; 85 FR 

71058, November 6, 2020). 

Detailed Description of the Activity 

A detailed description of the marine 

site characterization survey activities for 

which incidental take is proposed here 

may be found in the Federal Register 

notice of the proposed IHA (85 FR 

48179; August 10, 2020) for the initial 

authorization. As described above, 

;rsted completed the survey activities 

analyzed for the initial IHA by the date 

the IHA expired (September 24, 2021). 

The surveys ;rsted proposes to conduct 

under this Renewal would be a second 

year of surveys, identical to those 

described in the initial IHA. The 

location and nature of the activities, 

including the types of equipment 

planned for use, are identical to those 

described in the previous notices. The 

proposed Renewal IHA would be 

effective from the date of issuance to 

September 24, 2022 (one year from the 

expiration of the initial IHA). 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the Federal Register notice of 

the proposed IHA for the initial 

authorization (85 FR 48179; August 10, 

2020). NMFS has reviewed the 

monitoring data from the initial IHA, 

recent draft Stock Assessment Reports 

(SARs), Technical Reports (e.g., Pace 

2021), information on relevant Unusual 

Mortality Events (UMEs), and other 

scientific literature, and determined that 

neither this nor any other information 

affects which species or stocks have the 

potential to be affected or the pertinent 

information in the Description of the 

Marine Mammals in the Area of 

Specified Activity contained in the 

supporting documents for the initial 

IHA. 

The draft 2021 SARs, available online 

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

national/marine-mammal-protection/ 

draft-marine-mammal-stockassessment-reports) state that estimated 

abundance has increased for the 

Western North Atlantic stocks of 

common dolphins (from 172,825 (CV = 

0.21) to 172,974 (CV = 0.21)), and gray 

seals (from 27,131 (CV = 0.19) to 27,300 

(CV = 0.22)). Abundance estimates have 

decreased for the following: The 

Western North Atlantic stocks of fin 

whales (from 7,418 (CV = 0.25) to 6,802 

(CV = 0.24)), Risso’s dolphins (from 

35,293 (CV = 0.19 to 35,215 (CV = 

0.19)), harbor seals (from 75,834 (CV = 

0.15) to 61,336 (CV = 0.22)), and the 

Canadian East coast stock of minke 

whales (from 24,202 (CV = 0.3) to 

21,968 (CV = 0.31)). The abundance 

estimate for the Western North Atlantic 

stock of North Atlantic right whales has 

also been updated in the draft 2021 

SAR, which states that right whale 

abundance has decreased from 428 to 

368 (95% CI 356–378) individuals 

(Hayes et al., 2021). 

NMFS has preliminarily determined 

that neither the updated abundance 


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Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Notices 759 

information presented above nor any 

other new information affects which 

species or stocks have the potential to 

be affected or the pertinent information 

in the Description of the Marine 

Mammals in the Area of Specified 

Activity contained in the supporting 

documents for the initial IHA. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which take is proposed 

here may be found in the Federal 

Register notice of the proposed IHA for 

the initial authorization (85 FR 48179; 

August 10, 2020). NMFS has reviewed 

the most recent information relevant to 

this proposed Renewal IHA (monitoring 

data from the initial IHA, recent draft 

SARs, Technical Reports (e.g., Pace 

2021), information on relevant Unusual 

Mortality Events, and other scientific 

literature and data), and preliminarily 

determined that there is no new 

information that affects our initial 

analysis of impacts on marine mammals 

and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the 

notices of the proposed (85 FR 48179; 

August 10, 2020) and issued (85 FR 

63508; October 8, 2020) IHAs for the 

initial authorization. The acoustic 

source types, as well as source levels, 

applicable to this authorization remain 

unchanged from the initial IHA. 

Similarly, the stocks taken, methods of 

take and type of take (i.e., Level B 

harassment in the form of behavioral 

disturbance) remain unchanged from 

the initial IHA. 

In the initial authorization for marine 

site characterization survey activities, 

;rsted used the following parameters to 

estimate the potential for take: (1) 

Maximum number of survey days that 

could occur over a 12-month period in 

each of the identified survey areas; (2) 

maximum distance each vessel could 

travel per 24-hour period in each of the 

identified survey areas; (3) maximum 

ensonified area; and (4) mean annual 

marine mammal densities in each of the 

identified survey areas. The calculated 

radial distances to the Level B 

harassment isopleth (160 decibel (dB) 

root mean square (rms)) from each 

acoustic source for a subset of 

representative survey equipment are 

included in Table 1 (please see the 

notice of the issued initial IHA for a 

complete list). 

TABLE 1—MODELED RADIAL DISTANCES IN METERS (M) FROM HRG 

SURVEY EQUIPMENT TO ISOPLETH

CORRESPONDING TO LEVEL B HARASSMENT THRESHOLD

Sound source 

Radial 

distance to 

Level B 

harassment 

isopleth (m) 

EdgeTech Chirp 424 ............ 4 

EdgeTech Chirp 512i ............ 6 

EdgeTech Chirp 216 ............ 12 

GeoPulse 5430 ..................... 29 

Teledyne Benthos Chirp III ... 54 

Applied Acoustics Triple 

plate S-Boom (700/1,000 

J) ....................................... 76 

Applied Acoustics, Duraspark (500 J/400 tip) ......... 141 

Applied Acoustics, Duraspark 400+400 .................. 141 

GeoMarine, Geo-Source dual 

400 tip sparker .................. 141 

The equation for estimating take for 

all species remains the same as the 

initial IHA: 

Estimated Take = D × ZOI × # of days 

Where: 

D = species density (per km2) and 

ZOI = maximum daily ensonified area 

As described in the notices of the 

proposed (85 FR 48179; August 10, 

2020) and issued (85 FR 63508; October 

8, 2020) IHAs for the initial 

authorization, not all noise producing 

survey equipment/sources will be 

operated concurrently by each survey 

vessel on every vessel day. In the initial 

IHA application, ;rsted calculated 

conservative ZOIs by applying the 

maximum radial distance for any 

category and type of HRG survey 

equipment considered in its assessment. 

The maximum distances to the Level B 

harassment isopleth for impulsive 

sources (141 m; e.g., sparkers or 

boomers) and non-impulsive sources (54 

m; e.g., Chirps) were used to calculate 

the ZOIs for the 54 percent and 46 

percent of survey days on which each 

type of survey equipment would be 

used predominantly, respectively. The 

resulting ZOIs were 19.8 km2 (e.g., 

sparkers and boomers) and 7.659 km2

(e.g., Chirps). The Renewal request 

applied this exact same approach to 

calculate ZOIs, resulting in ZOIs for 

sparkers/boomers and Chirps that are 

identical to those in the initial IHA. 

The methodology for calculating take 

in the initial IHA applies to the 

proposed Renewal IHA for all species. 

The result is that the amount of take 

requested in ;rsted’s request for a 

Renewal IHA is identical to that 

authorized in the initial IHA. NMFS 

agrees with ;rsted’s request for take and 

proposes to authorize the same amount 

of take as described in their request. 

TABLE 2—RENEWAL IHA PROPOSED TAKE BY LEVEL B HARASSMENT

Species Abundance 

estimate 1

Requested 

take 

Percent 

population 

North Atlantic right whale ................................................ Eubalaena glacialis ......................................................... 368 37 10.05 

Humpback whale ............................................................. Megaptera novaeangliae ................................................ 1,396 21 1.50 

Fin whale ......................................................................... Balaenoptera physalus ................................................... 6,802 36 0.53 

Sei whale ......................................................................... Balaenoptera borealis ..................................................... 6,292 2 0.0 

Minke whale ..................................................................... Balaenoptera acutorostrata ............................................ 21,968 13 0.06 

Sperm whale .................................................................... Physeter macrocephalus ................................................ 4,349 3 0.07 

Long-finned pilot whale .................................................... Globicephala melas ........................................................ 39,215 69 0.18 

Bottlenose dolphin (W.N.A. offshore) .............................. Tursiops truncatus .......................................................... 62,851 419 0.67 

Common dolphin .............................................................. Delphinus delphis ........................................................... 172,974 2,211 1.28 

Atlantic white-sided dolphin ............................................. Lagenorhynchus acutus .................................................. 93,233 418 0.45 

Atlantic spotted dolphin ................................................... Stenella frontalis ............................................................. 35,215 7 0.02 

Risso’s dolphin ................................................................. Grampus griseus ............................................................ 35,493 30 0.08 

Harbor porpoise ............................................................... Phocoena phocoena ....................................................... 95,543 916 0.96 

Harbor seal ...................................................................... Phoca vitulina ................................................................. 61,336 215 0.36 

Gray seal ......................................................................... Halichoerus grypus ......................................................... 27,300 215 0.79 

W.N.A. = Western North Atlantic. 

1Abundance estimates have been updated from the initial IHA (85 FR 63508; October 8, 2020) using the 2021 Draft SARs (Hayes et al., 2021). 


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Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The proposed mitigation, monitoring, 

and reporting measures included as 

requirements in this proposed 

authorization are identical to those 

included in the Federal Register notice 

announcing the issuance of the initial 

IHA (85 FR 63508; October 8, 2020), and 

the discussion of the least practicable 

adverse impact included in that 

document and the notice of the 

proposed IHA remains applicable. All 

mitigation, monitoring, and reporting 

measures in the initial IHA are carried 

over to this proposed Renewal IHA and 

summarized below. 

• Ramp-up: A ramp-up procedure 

would be used for HRG equipment 

capable of adjusting energy levels at the 

start or re-start of survey activities. 

• Protected Species Observers (PSOs): 

A minimum of one NMFS-approved 

PSO would be on duty and conducting 

visual observations at all times during 

daylight hours (i.e., from 30 minutes 

prior to sunrise through 30 minutes 

following sunset), and two active duty 

PSOs would conduct observations 30 

minutes prior to and during nighttime 

ramp-ups of HRG equipment. 

• Exclusion Zones (EZ): Marine 

mammal EZs would be established 

around the HRG survey equipment and 

monitored by PSOs during marine site 

characterization surveys as follows: A 

500-m EZ for North Atlantic right 

whales during use of impulsive acoustic 

sources (e.g., boomers and/or sparkers) 

and non-impulsive, non-parametric subbottom profilers (e.g., Chirps); and a 

100-m EZ for all other marine mammals 

during use of impulsive acoustic 

sources (e.g., boomers and/or sparkers). 

• Pre-Operation Clearance Protocols: 

;rsted would implement a 30-minute 

pre-start clearance period of the 

specified EZs prior to the initiation of 

ramp-up of boomers, sparkers, and nonimpulsive, non-parametric sub-bottom 

profilers (e.g., Chirps). During this 

period, the EZs would be monitored by 

PSOs using the appropriate visual 

technology. Ramp-up would not be 

initiated if any marine mammal(s) is 

within its respective EZ. If a marine 

mammal is observed within its 

respective EZ during the pre-start 

clearance period, ramp-up would not 

begin until the animal(s) has been 

observed exiting its respective EZ, or 

until an additional period has elapsed 

with no further sighting (i.e., 15 minutes 

for small odontocetes and seals, and 30 

minutes for all other species). Preclearance and ramp-up, but not 

shutdown, would be required when 

using non-impulsive, non-parametric 

sub-bottom profilers (e.g., Chirps), 

except in the case that a North Atlantic 

right whale is observed within the 500- 

m EZ. 

• Shutdown of HRG Equipment: If an 

HRG source is active and a marine 

mammal is observed entering or within 

a relevant EZ (as described above), an 

immediate shutdown of the HRG survey 

equipment would be required. Note that 

this shutdown requirement would be 

waived for certain genera of small 

delphinids. If a species for which 

authorization has not been granted, or, 

a species for which authorization has 

been granted but the authorized number 

of takes have been met, approaches or 

is observed within the Level B 

harassment zone (54 m, non-impulsive; 

141 m impulsive), shutdown would 

occur. 

• Vessel strike avoidance measures: 

Vessel strike measures include, but are 

not limited to, separation distances for 

large whales (500 m North Atlantic right 

whales, 100 m other large whales; 50 m 

other cetaceans and pinnipeds), 

restricted vessel speeds, and operational 

maneuvers. 

• Seasonal Operating Requirements: 

;rsted would limit to three the number 

of survey vessels that will operate 

concurrently from January 1 through 

May 31 within the Lease Areas (OSC– 

A 0486/0517, OCS–A 0487, and OCS–A 

500) and ECR Area north of the Lease 

Areas up to, but not including, coastal 

and bay waters. ;rsted would operate 

either a single vessel, two vessels 

concurrently or, for short periods, no 

more than three survey vessels 

concurrently in the areas described 

above from January 1 through May 31. 

The seasonal restriction described above 

would help to reduce both the number 

and intensity of North Atlantic right 

whale takes by Level B harassment. 

• Reporting: ;rsted would submit a 

final technical report within 90 days 

following completion of the surveys. In 

the event that ;rsted personnel discover 

an injured or dead marine mammal, 

;rsted would be required to report the 

incident to NMFS Office of Protected 

Resources (OPR) 

(PR.ITP.MonitoringReports@noaa.gov 

and itp.esch@noaa.gov) and to the New 

England/Mid-Atlantic Regional 

Stranding Coordinator through the 

NOAA Fisheries Marine Mammal and 

Sea Turtle Stranding and Entanglement 

Hotline (866–755–6622) as soon as 

feasible. In the event of a ship strike of 

a marine mammal by any vessel 

involved in the activities covered by the 

authorization, ;rsted would be required 

to report the incident immediately to 

NMFS OPR and to the New England/ 

Mid-Atlantic Regional Stranding 

Coordinator through the NOAA 

Fisheries Marine Mammal and Sea 

Turtle Stranding and Entanglement 

Hotline. ;rsted would be required to 

immediately cease all project activities 

until NMFS OPR is able to review the 

circumstances of the incident and 

determine what, if any, additional 

measures are appropriate to ensure 

compliance with the terms of the 

proposed Renewal IHA. 

Comments and Responses 

As noted previously, NMFS published 

a notice of the proposed initial IHA (85 

FR 48179; August 10, 2020) and 

solicited public comments on both our 

proposal to issue the initial IHA for 

marine site characterization surveys and 

on the potential for a Renewal IHA, 

should certain requirements be met. 

All public comments were addressed 

in the notices announcing the issuance 

of the initial IHA (85 FR 63508, October 

8, 2020; 85 FR 71058, November 6, 

2020). Below, we describe how we have 

addressed, with updated information 

where appropriate, the comment 

received that specifically pertains to the 

renewal of the 2020 IHA. 

Comment: A group of environmental 

non-governmental organizations 

(ENGOs) objected to NMFS’ process to 

consider extending any 1-year IHA with 

a truncated 15-day comment period, 

claiming that it is contrary to the 

MMPA. 

Response: NMFS’ IHA Renewal 

process meets all statutory 

requirements. All IHAs issued, whether 

an initial IHA or a Renewal IHA, are 

valid for a period of not more than one 

year. The public has at least 30 days to 

comment on all proposed IHAs, with a 

cumulative total of 45 days for IHA 

Renewals. As noted above, the Request 

for Public Comments section in the 

notice of the proposed initial IHA made 

clear that the agency was seeking 

comment on both the proposed initial 

IHA and the potential issuance of a 

Renewal for this project. Because any 

Renewal (as explained in the Request 

for Public Comments section) is limited 

to another year of identical or nearly 

identical activities in the same location 

(as described in the Description of the 

Proposed Activity section) or the same 

activities that were not completed 

within the 1-year period of the initial 

IHA, reviewers have the information 

needed to effectively comment on both 

the immediate proposed IHA and a 

possible 1-year Renewal, should the 

IHA holder choose to request one. 

While there are additional documents 

submitted with a Renewal request, for a 

qualifying Renewal these are limited to 

documentation that NMFS will make 


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Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Notices 761 

available and use to verify that the 

activities are identical to those in the 

initial IHA, are nearly identical such 

that the changes would have either no 

effect on impacts to marine mammals or 

decrease those impacts, or are a subset 

of activities already analyzed and 

authorized but not completed under the 

initial IHA. NMFS will also confirm, 

among other things, that the activities 

will occur in the same location; involve 

the same species and stocks; provide for 

continuation of the same mitigation, 

monitoring, and reporting requirements; 

and that no new information has been 

received that would alter the prior 

analysis. The renewal request must also 

contain a preliminary monitoring report, 

but that is to verify that effects from the 

activities do not indicate impacts of a 

scale or nature not previously analyzed. 

The additional 15-day public comment 

period provides the public an 

opportunity to review these few 

documents, provide any additional 

pertinent information, and comment on 

whether they think the criteria for a 

Renewal have been met. NMFS also will 

provide direct notice of the proposed 

Renewal to those who commented on 

the initial IHA, to provide an 

opportunity to submit any additional 

comments. Between the initial 30-day 

comment period on these same 

activities and the additional 15 days, the 

total comment period for a Renewal is 

45 days. 

In addition to the IHA Renewal 

process being consistent with all 

requirements under section 101(a)(5)(D), 

it is also consistent with Congress’s 

intent for issuance of IHAs to the extent 

reflected in statements in the legislative 

history of the MMPA. Through the 

provision for Renewals in the 

regulations, description of the process 

and express invitation to comment on 

specific potential Renewals in the 

Request for Public Comments section of 

each proposed IHA, the description of 

the process on NMFS’ website, further 

elaboration on the process through 

responses to comments such as this, 

posting of substantive documents on the 

agency’s website, and provision of 30 or 

45 days for public review and comment 

on all proposed initial IHAs and 

Renewals, respectively, NMFS has 

ensured that the public ‘‘is invited and 

encouraged to participate fully in the 

agency decision-making process.’’ 

In prior responses to comments about 

IHA Renewals (e.g., 84 FR 52464; 

October 02, 2019 and 85 FR 53342, 

August 28, 2020), NMFS has explained 

how the Renewal process, as 

implemented, is consistent with the 

statutory requirements contained in 

section 101(a)(5)(D) of the MMPA, 

provides additional efficiencies beyond 

the use of abbreviated notices, and, 

further, promotes NMFS’ goals of 

improving conservation of marine 

mammals and increasing efficiency in 

the MMPA compliance process. 

Therefore, we intend to continue 

implementing the Renewal process. For 

more information, NMFS has published 

a description of the Renewal process on 

our website (available at https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals). 

Preliminary Determinations 

The survey activities proposed by 

;rsted are identical to those analyzed in 

the initial IHA, including the planned 

number of days and location of activity, 

as are the method of taking and the 

effects of the action. Therefore, the 

amount of take proposed is equal to that 

authorized in the initial IHA. The 

proposed mitigation measures and 

monitoring and reporting requirements, 

as described above, are identical to the 

initial IHA. The potential effect of 

;rsted’s activities remains limited to 

Level B harassment in the form of 

behavioral disturbance. In analyzing the 

effects of the activities in the initial 

IHA, NMFS preliminarily determined 

that ;rsted’s activities would have a 

negligible impact on the affected species 

or stocks and that the authorized take 

numbers of each species or stock were 

small relative to the relevant stocks (e.g., 

less than one-third of the abundance of 

all stocks). 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. This includes 

consideration of the estimated 

abundances of five stocks (North 

Atlantic right whales, fin whales, minke 

whales, Risso’s dolphins, and harbor 

seals) decreasing and the estimated 

abundances of two stocks (common 

dolphins and gray seals) increasing 

(Hayes et al., 2021). Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has determined the following: (1) The 

required mitigation measures will effect 

the least practicable adverse impact on 

marine mammal species or stocks and 

their habitat; (2) the authorized takes 

will have a negligible impact on the 

affected marine mammal species or 

stocks; (3) the authorized takes 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; (4) ;rsted’s activities will 

not have an unmitigable adverse impact 

on taking for subsistence purposes as no 

relevant subsistence uses of marine 

mammals are implicated by this action, 

and; (5) appropriate monitoring and 

reporting requirements are included. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et 

seq.) requires that each Federal agency 

insure that any action it authorizes, 

funds, or carries out is not likely to 

jeopardize the continued existence of 

any endangered or threatened species or 

result in the destruction or adverse 

modification of designated critical 

habitat. To ensure ESA compliance for 

the issuance of IHAs, NMFS consults 

internally, in this case with the NMFS 

Greater Atlantic Regional Fisheries 

Office (GARFO), whenever we propose 

to authorize take of endangered or 

threatened species. 

The NMFS Office of Protected 

Resources is proposing to authorize the 

incidental take of four species of marine 

mammals that are listed under the ESA: 

The North Atlantic right, fin, sei and 

sperm whale. We requested initiation of 

consultation under Section 7 of the ESA 

with NMFS GARFO on July 1, 2020, for 

issuance of the initial IHA. Previously, 

BOEM consulted with NMFS GARFO 

under section 7 of the ESA on 

commercial wind lease issuance and 

site assessment activities on the Atlantic 

Outer Continental Shelf in 

Massachusetts, Rhode Island, New York 

and New Jersey Wind Energy Areas. The 

NMFS GARFO issued a Biological 

Opinion in 2013 concluding that these 

activities may adversely affect but are 

not likely to jeopardize the continued 

existence of the North Atlantic right, fin, 

sei and sperm whale. Upon request from 

the NMFS Office of Protected Resources, 

NMFS GARFO issued an amended 

incidental take statement associated 

with this Biological Opinion on 

September 25, 2020, to include the take 

of the ESA-listed marine mammal 

species authorized through the initial 

IHA. The proposed Renewal IHA 

provides no new information about the 

effects of the action, nor does it change 

the extent of effects of the action, or any 

other basis to require reinitiation of 

consultation with NMFS GARFO; 

therefore, the incidental take statement 

issued for the initial IHA remains valid. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a Renewal IHA to ;rsted for conducting 

marine site characterization survey 

activities offshore from New York to 

Massachusetts in the areas of the 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 


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762 Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Notices 

the Outer Continental Shelf (OCS–A 

0486/0517, OCS–A 0487 and OCS–A 

0500) and along potential ECRs to 

landfall locations from New York to 

Massachusetts from the date of issuance 

through September 24, 2022, provided 

the previously described mitigation, 

monitoring, and reporting requirements 

are incorporated. A draft of the 

proposed initial IHA and the final initial 

IHA can be found at: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-orstedwind-power-north-america-llc-sitecharacterization. We request comments 

on our analyses, the proposed Renewal 

IHA, and any other aspect of this Notice. 

Please include with your comments any 

supporting data or literature citations to 

help inform our final decision on the 

request for MMPA authorization. 

Dated: January 3, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–00016 Filed 1–5–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB685] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a public joint meeting of its 

Habitat Committee via webinar to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). Recommendations from this 

group will be brought to the full Council 

for formal consideration and action, if 

appropriate. 

DATES: This meeting will be held on 

Tuesday, January 18, 2022 at 9 a.m. 

ADDRESSES: All meeting participants 

and interested parties can register to 

join the webinar at https://

attendee.gotowebinar.com/register/ 

6570510383641205518. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council; telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The Committee plans a discussion to 

designate a Habitat Area of Particular 

Concern in Southern New England: 

Articulate the problem and rationale for 

action, discuss potential objectives, and 

identify information sources to 

consider. Potentially recommend that 

the Council initiate a framework 

adjustment at their next meeting. Also 

on the agenda is the Northern Edge 

habitat management: Discuss a white 

paper documenting new information to 

consider should the Council wish to 

revise habitat management areas and 

restrictions on fishing in this region. 

The Committee can request additional 

information or analysis that would 

support future Council decision making 

on this issue. Because this action is not 

a 2022 work priority, the next Council 

decision on Northern Edge habitat 

management would be related to future 

prioritization of this work. 

The committee will also review a 

draft letter expressing Council concerns 

about the Amitie telecommunications 

cable project. Other business may be 

discussed as necessary. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during these meetings. Action 

will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Thomas A. Nies, Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the date. This meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 3, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–00039 Filed 1–5–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB619] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Weapons 

Testing at Vandenberg Air Force Base, 

California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorizations; request for 

comments on proposed authorizations 

and possible renewals. 

SUMMARY: NMFS has received a request 

from the United States Department of 

the Air Force (DAF) for authorization to 

take marine mammals incidental to 2 

years of activity related to testing of the 

Extended Range Cannon Artillery II 

(ERCA II) system at Vandenberg Air 

Force Base (VAFB), California. Pursuant 

to the Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue two consecutive 

one-year incidental harassment 

authorizations (IHA) to incidentally take 

marine mammals during the specified 

activities. NMFS is also requesting 

comments on a possible one-time, oneyear renewal for each IHA that could be 

issued under certain circumstances and 

if all requirements are met, as described 

in Request for Public Comments at the 

end of this notice. NMFS will consider 

public comments prior to making any 

final decision on the issuance of the 

requested MMPA authorizations and 

agency responses will be summarized in 

the final notice of our decision. The 

DAF’s activities are considered military 

readiness activities pursuant to the 

MMPA, as amended by the National 

Defense Authorization Act for Fiscal 

Year 2004 (2004 NDAA). 

DATES: Comments and information must 

be received no later than February 7, 

2022. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. Written 

comments should be submitted via 

email to ITP.Pauline@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 


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